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ELECTION LAWS

OF THE

STATE OF MONTANA

1970

Arranged and Compiled from the Revised

Codes of Montana of 1947,

as Amended

Compiled by

Frank Murray, Secretary of State

Helena, Montana

Published by Authority

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Montana, laws, Statues, etc.
Election laws of the State of
Montana. 1970.

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ELECTION LAWS

OF THE

STATE OF MONTANA

1970

Arranged and Compiled from the Revised

Codes of Montana of 1947,

as Amended

Compiled by

Frank Murray, Secretary of State

Helena, Montana

Published by Authority

Montana Slate Library

3 0864 1004 2462 4

The Allen Smith Company

Indianapolis, Indiana

Publishers of the
REVISED CODES OF MONTANA, 1947

TABLE OF CONTENTS

CONSTITUTION PAGE

Article III. A Declaration of Rights of the People of the State of Montana . 1

V. Legislative Departments 1

VI. Apportionment and Representation 4

VII. Executive Department 5

VIII. Judicial Departments 6

IX. Rights of Suffrage and Qualifications to Hold Office 8

X. State Institutions and Public Buildings 10

XI. Education 11

XII. Revenue and Taxation 11

XIII. Public Indebtedness 11

XVI. Counties — Municipal Corporations and Offices 12

XIX. Miscellaneous Subjects and Future Amendments 15

TITLE 1. AERONAUTICS

Chapter 8. Establishment of Airports by Counties and Cities — Municipal

Airports Act 19

TITLE 4. ALCOHOLIC BEVERAGES

Chapter 1. State Liquor Control Act of Montana 21

3. Montana Beer Act 22

4. Montana Retail Liquor License Act 24

TITLE 9. CEMETERIES

Chapter 2. Public Cemetery District Act 27

TITLE 11. CITIES AND TOWNS

Chapter 2. Classification and Organization of Cities and Towns 32

3. Changes in Classification of Cities and Towns 34

4. Additions of Platted Tracts to Cities and Towns 34

5. Alteration of Boundaries, Exclusion and Inclusion of Territory . 34

7. Officers and Elections 38

9. Powers of City and Town Councils 43

10. Powers of City and Town Councils (continued) 45

11. Ordinances — Initiative and Referendum 48

12. Contracts and Franchises 53

17. Municipal Courts 55

20. Fire Protection in Unincorporated Towns — Fire Wardens, Com-
panies and Districts 56

22. Special Improvement Districts 58

23. Municipal Bonds and Indebtedness 63

24. Municipal Revenue Bond Act of 1939 67

25. Abatement of Smoke Nuisance 68

31. Commission Form of Government 70

32. Commission-Manager Form of Government 85

33. Commission-Manager Form of Government (continued) 103

34. City and County Consolidated Government 104

35. City and County Consolidated Government (continued) 112

36. Metropolitan Sanitary Districts, Repealed — Section 14, Chapter

185, Laws of 1957 119

37. Off-Street Parking Facilities 119

39. Urban Renewal Law 121

TITLE 16. COUNTIES

Chapter 3. Removal of County Seats 123

4. Location of County Seats 126

5. Creation of New Counties by Petition and Election 131

8. General Powers and Limitations upon Counties 142

10. General Powers and Duties of County Commissioners 143

11. Special Powers and Duties of County Commissioners 143

iii

TABLE OF CONTENTS

TITLE 16. COUNTIES— Continued PAGE
12. County Printing Commission 143

19. County Budget System 144

20. County Finance — Bonds and Warrants 147

23. Vote Necessary on Proposal to Raise Money 150

24., County Officers — Qualifications — General Provisions 152

39. County Manager Form of Government 154

40. Abandonment of Counties 156

43. Public Hospital Districts 162

45. County Water and Sewer Districts 165

TITLE 19. DEFINITIONS AND GENERAL PROVISIONS

Chapter 1. Definitions and Construction of Terms — Holidays — Other General

Provisions 178

TITLE 23. ELECTIONS

Chapter 1. Time of Holding Elections — Proclamations, Repealed — Section

248, Chapter 368, Laws of 1969 182

2. Publication of Questions Submitted to Popular Vote, Repealed —

Section 248, Chapter 368, Laws of 1969 182

3. Qualification and Privileges of Electors, Repealed — Section 248,

Chapter 368, Laws of 1969 182

4. Election Precincts, Repealed — Section 248, Chapter 368, Laws of

1969 182

5. Registration of Electors, Repealed — Section 248, Chapter 368,

Laws of 1969 183

6. Judges and Clerks of Elections, Repealed — Section 248, Chapter

368, Laws of 1969 183

7. Election Supplies, Repealed — Section 248, Chapter 368, Laws of

1969 183

8. Nomination of Candidates for Special Elections by Convention

or Primary Meetings or by Electors, Repealed—Section 248,
Chapter 368, Laws of 1969 183

9. Party Nominatings by Direct Vote — The Direct Primary, Re-

pealed— Section 11, Chapter 156, Laws of 1965; Section
248, Chapter 368, Laws of 1969 184

10. Political Parties, Repealed — Section 8, Chapter 266, Laws of

1955; Section 11, Chapter 156, Laws of 1965; Section 248,
Chapter 368, Laws of 1969 184

11. Ballots, Preparation and Form, Repealed — Section 13, Chapter

194, Laws of 1967; Section 248, Chapter 368, Laws of 1969 . 184

12. Conducting Elections — The Polls — Voting and Ballots, Re-

pealed—Section 248, Chapter 368, Laws of 1969 185

13. Voting by Absent Electors, Repealed — Section 248, Chapter 368,

Laws of 1969 185

14. Voting by Absent Electors in United States Service, Repealed —

Section 248. Chapter 368, Laws of 1969 185

15. Registration of Electors Absent from County of Their Residence,

Repealed— Section 248, Chapter 368, Laws of 1969 185

16. Voting Machines — Conduct of Election When Used, Repealed —

Section 248, Chapter 368, Laws of 1969 186

17. Election Returns, Repealed — Section 248, Chapter 368, Laws of

1969 186

18. Canvass of Election Returns — Results and Certificates, Repealed —

Section 13, Chapter 194, Laws of 1967; Section 248, Chapter
368, Laws of 1969 186

19. Failure of Elections — Proceedings on Tie Vote, Repealed — Sec-

tion 248, Chapter 368, Laws of 1969 186

20. Nonpartisan Nomination and Election of Judges of Supreme

Court and District Courts, Repealed — Section 3, Chapter 20,
Laws of 1959; Section 248, Chapter 368, Laws of 1969 187

21. Presidential Electors, How Chosen — Duties, Repealed — Section

248, Chapter 368, Laws of 1969 187

22. Members of Congress — Elections and Vacancies, Repealed — Sec-

tion 248, Chapter 368, Laws of 1969 187

23. Recount of Ballots — Results, Repealed — Section 248, Chapter

368, Laws of 1969 187

TABLE OF CONTENTS

TITLE 23. ELECTIONS— Continued PAGE

24. Conventions to Ratify Proposed Amendments to Constitution of

the United States, Repealed — Section 248, Chapter 368, Laws

of 1969 187

25. Electronic Voting Systems, Repealed — Section 248, Chapter 368,

Laws of 1969 188

26. Definitions and General Provisions 188

27. Qualifications and Privileges of Electors 190

28. Publication of Questions Submitted to Popular Vote 192

29. Proclamations and Publications 193

30. Registration of Electors 194

31. Election Precincts 204

32. Judges and Clerks of Elections 205

33. Primary Elections and Nominations by Certificate 208

34. Political Parties, Committeemen and Committees 220

35. Election Supplies and Ballots 223

36. Conduct of Elections— The Polls— Voting and Ballots 229

37. Absentee Voting and Registration 235

38. Voting Machines 243

39. Electronic Voting Systems 250

40. Canvass of Votes — Returns and Certificates 2.54

41. Recounts 260

42. Contests of Bond Elections 269

43. Presidential Electors 270

44. Members of Congress — Elections and Vacancies 271

45. Nonpartisan Nomination and Election of Judges 272

46. Conventions to Ratify Amendments to Constitution of the United

States 275

TITLE 32. HIGHWAYS, BRIDGES AND FERRIES

Chapter 29. Board of County Commissioners Responsibility for Bridges and

Ferries 279

36. County Tax Levies for Road and Bridges Construction 279

TITLE 37. INITIATIVE AND REFERENDUM

Chapter 1. Initiative and Referendum 280

TITLE 43. LEGISLATURE AND ENACTMENT OF LAWS

Chapter 1. Senatorial, Representative and Congressional Districts 289

2. The Legislative Assembly — Its Composition, Organization, Offi-
cers and Employees 291

TITLE 44. LIBRARIES

Chapter 2. County and Regional Free Libraries 295

TITLE 62. PARKS AND PUBLIC RECREATION

Chapter 2. City, Town and School District Civic Centers, Parks and Recrea-
tional Facilities 297

TITLE 75. SCHOOLS

Chapter 13. The Public Schools — Superintendent of Public Instruction 297

15. County Superintendent of Schools 298

16. School Trustees 300

17. Budget System 306

18. School Districts 308

31. Schoolhouse Sites and Construction 315

34. Transportation of Pupils 316

37. Finance 317

38. Extra Taxation for School Purposes 317

39. Bonds 321

41. High School — County — Junior and District — Joint School

Systems 328

42. High Schools — County — Junior and District — Joint School Sys-

tems Continued — Vocational Education 336

44. Community College Districts 339

45. Higli School Budget Act 348

46. High School Districts— Public Works 349

TABLE OF CONTENTS

TITLE 82. STATE OFFICEES, BOARDS AND DEPARTMENTS PAGE
Chapter 5. Clerk of Supreme Court 354

TITLE 84. TAXATION

Chapter 47. Cities and Towns— Taxation and License 355

TITLE 89. WATERS AND IRRIGATION

Chapter 13. Irrigation Districts — Board of Commissioners, Powers, Duties

and Elections 357

23. Drainage Districts — Commissioners — Election — Organization —

Reports 362

33. County and Municipal Participation in Flood Control and Water

Conservation 365

34. Conservancy Districts 366

TITLE 93. CIVIL PROCEDURE

Chapter 2. Supreme Court 374

3. District Courts 375

4. Justices' and Police Courts 377

TITLE 94. CRIMES AND CRIMINAL PROCEDURE

Chapter 14. Election Frauds and Offenses — Corrupt Practices Act 378

INDEX 407

CONSTITUTION

ARTICLE III

A DECLARATION OF RIGHTS OF THE PEOPLE OF THE STATE OF MONTANA

Section 2. The people of the state have the sole and exclusive right of
governing themselves, as a free, sovereign, and independent state, and to
alter and abolish their constitution and form of government, whenever they
may deem it necessary to their safety and happiness, provided such change
be not repugnant to the constitution of the United States.

Section 5. All elections shall be free and open, and no power, civil or
military, shall at any time interfere to prevent the free exercise of the right
of suffrage.

ARTICLE V

LEGISLATIVE DEPARTMENT

Section 1. The legislative authority of the state shall be vested in a
legislative assembly, consisting of a senate and house of representatives ;
but the people reserve to themselves power to propose laws, and to enact or
reject the same at the polls, except as to laws relating to appropriations of
money, and except as to laws for the submission of constitutional amend-
ments, and except as to local or special laws, as enumerated in article V,
section 26, of this constitution, independent of the legislative assembly;
and also reserve power, at their own option, to approve or reject at the
polls, any act of the legislative assembly, except as to laws necessary for
the immediate preservation of the public peace, health, or safety, and ex-
cept as to laws relating to appropriations of money, and except as to laws
for the submission of constitutional amendments, and except as to local or
special laws, as enumerated in article V, section 26, of this constitution.
The first power reserved by the people is the initiative and eight per cent,
of the legal voters of the state shall be required to propose any measure
by petition ; provided, that two-fifths of the whole number of the coun-
ties of the state must each furnish as signers of said petition eight per
cent, of the legal voters in such county, and every such petition shall
include the full text of the measure so proposed. Initiative petitions
shall be filed with the secretary of state, not less than four months be-
fore the election at which they are to be voted upon.

The second power is the referendum, and it may be ordered either by
petition signed by five per cent, of the legal voters of the state, pro-
vided that two-fifths of the whole number of the counties of the state
must each furnish as signers of said petition five per cent, of the legal
voters in such county, or, by the legislative assembly as other bills are
enacted.

Referendum petitions shall be filed with the secretary of state, not
later than six months after the final adjournment of the session of the
legislative assembly which passed the bill on which the referendum is

Art. V, § 2 election laws

demanded. The veto power of the governor shall not extend to meas-
ures referred to the people by the legislative assembly or by initiative
referendum petitions.

All elections on measures referred to the people of the state shall be
had at the biennial regular general election, except when the legislative
assembly, by a majority vote, shall order a special election. Any meas-
ure referred to the people shall still be in full force and effect unless
such petition be signed by fifteen per cent, of the legal voters of a ma-
jority of the whole number of the counties of the state, in which case
the law shall be inoperative until such time as it shall be passed upon
at an election, and the result has been determined and declared as pro-
vided by law. The whole number of votes cast for governor at the
regular election last preceding the filing of any petition for the initia-
tive or referendum shall be the basis on which the number of legal
petitions and orders for the initiative and for the referendum shall be
filed with the secretary of state ; and in submitting the same to the
people, he, and all other officers, shall be guided by the general laws
and the act submitting this amendment, until legislation shall be espe-
cially provided therefor. The enacting clause of every law originated by
the initiative shall be as follows:

"Be it enacted by the people of Montana,"

This section shall not be construed to deprive any member of the
legislative assembly of the right to introduce any measure. (As amend-
ed by Ch. 61, Laws 1905, effective December 7, 1906.)

Section 2. Senators shall be elected for the term of four years, and
representatives for the term of two years, except as otherwise provided
in this constitution.

Section 3. No person shall be a representative who shall not have
attained the age of twenty-one years, or a senator who shall not have
attained the age of twenty-four years, and who shall not be a citizen of
the United States, and who shall not (for at least twelve months next
preceding his election) have resided within the county or district in
which he shall be elected.

Sec. 4.

Repeal states that "there shall be no more than

This section was repealed by Ch. 273, one senator from each county" is void and

Laws 1965, adopted at the general elec- unconstitutional in that it violates the

tion of November 8, 1966, effective under equal protection clause of the fourteenth

governor's proclamation, December 6, 1966. amendment of the constitution of the

United States. Herweg v. Thirty Ninth

Ck>n8tltutlonallty Legislative Assembly of State of Mon-

The portion of this provision which tana, 246 F Supp 454.

Section 9. The senate shall, at the beginning and close of each regular
session, and at such other times as may be necessary, elect one of its mem-
bers president pro tempore. The house of representatives shall elect one of
its members speaker. Each house shall choose its other officers, and shall
judge of the elections, returns, and qualifications of its members.

CONSTITUTION OF MONTANA ART. V, § 46

Section 26. The legislative assembly shall uot pass local or special laws
in any of the following enumerated cases, that is to say : For granting
divorces; laying out, opening, altering or working roads or highways; va-
I'atiug roads, town plats, streets, alleys or public grounds; locating or chang-
ing county seats; regulating county or township affairs; regulating the
practice in courts of justice; regulating the jurisdiction and duties of jus-
tices of the peace, police magistrates or constables; changing the rules of
evidence in any trial or inquiry; providing for changes of venue in civil
or criminal cases; declaring any person of age; for limitation of civil ac-
tions, or giving effect to informal or invalid deeds; summoning or im-
paneling grand or petit juries; providing for the management of com-
mon schools; regulating the rate of interest on money; the opening or
conducting of any election or designating the place of voting; the sale
or mortgage of real estate belonging to minors or others under disabil-
ity; chartering or licensing ferries or bridges or toll roads; chartering
banks, insurance companies and loan and trust companies; remitting
fines, penalties or forfeitures; creating, increasing or decreasing fees, per-
centages or allowances of public officers; changing the law of descent;
granting to any corporation, association or individual the right to lay
down railroad tracks, or any special or exclusive privilege, immunity or
franchise whatever; for the punishment of crimes; changing tlie names
of persons or places ; for the assessment or collection of taxes ; affecting
estates of deceased persons, minors or others under legal disabilities; ex-
tending the time for the collection of taxes; refunding money paid into
the state treasury ; relinquishing or extinguishing in whole or in part the
indebtedness, liability or obligation of any corporation or person to this
state, or to any municipal corporation therein; exempting property from
taxation; restoring to citizenship persons convicted of infamous crimes;
authorizing the creation, extension or impairing of liens; creating offices,
or prescribing the powers or duties of oflScers in counties, cities, township
or school districts ; or authorizing the adoption or legitimation of children.
In all other cases where a general law can be made applicable, no special
law shall be enacted.

Sec. 45.

Repeal of November 8, 1966, effective under gov-

This section was repealed by Ch. 273, ernor's proclamatii)n, December 6, 1966.
Laws 1965, adopted at the general election

Sec. 46. The legislative assembly in order to insure continuity of state
and local governmental operations in a period of emergency resulting from
a disaster caused by enemy attack may enact laws :

(1) To provide for prompt and temporary succession to the powers
and duties of elected and appointed public officers who are killed or
incapacitated.

(2) To adopt other measures that may be necessary to insure the
continuity of governmental operations.

Such laws shall be effective only during the emergency that affects a
particular office or governmental operation, and such laws may deviate

Art. VI, § 1 ELECTION laws

from other provisions of the Montana constitution, including but not
limited to the following sections :

(1) Section 3, Article X, seat of state government.

(2) Section 2, Article XVI, seat of county governments.

(3) Section 16, Article VII, succession to governor.

(4) Section 4, Article XVI, vacancy on board of county commissioners.

(5) Section 6, Article XVI, other vacancies in county government.

(6) Section 45, Article V, vacancies in legislative assembly.

(7) Section 11, Article VII, special legislative sessions.

(8) Section 5, Article V, length of legislative session.

(9) Section 10, Article V, quorum to do business in each house.

(10) Section 6, Article XIX, location of county offices.

(11) Section 1, Article VII, duties of executive officers of state.

(12) Section 7, Article VII, appointments by governor.

Compiler's Notes the general election of November 8, 1966,

This constitutes the new section added effective under governor's proclamation,

to the constitution by act approved March December 6, 1966.

9, 1965 (Ch. 243, Laws 1965), adopted at

ARTICLE VI

APPORTIONMENT AND REPRESENTATION

Section 1. One representative in the congress of the United States
shall be elected from the state at large, the first Tuesday in October,
1889, and thereafter at such times and places, and in such manner as
may be prescribed by law. When a new appointment shall be made
by congress the legislative assembly shall divide the state into congressional
districts accordingly.

See. 2. (1) The senate and house of representatives of the legislative
assembly each shall be apportioned on the basis of population.

(2) The legislative assembly following each census made by the
authority of the United States, shall revise and adjust the apportionment
for representatives and senators on the basis of such census.

(3) At such time as the constitution of the United States is amended
or interpreted to permit apportionment of one house of a state legisla-
tive assembly on factors other than population, the senate of the legis-
lative assembly shall be apportioned on the basis of one senator for each
county.

Compiler's Notes effective under governor's proclamation,

This constitutes sec. 2 of article VI as December 6, 1966. The amendment added

amended by act approved March 9, 1965 paragraphs (1) and (3) and eliminated

(Ch. 273, Laws 1965), adopted at the a provision for a state census,
general election of November 8, 1966,

Sec. 3. Senatorial and representative districts may be altered from time
to time as public convenience may require. When a senatorial or repre-
sentative district shall be composed of two or more counties, they shall be
contiguous, and the districts as compact as may be.

CONSTITUTION OF MONTANA

Art. VII, § 3

Compiler's Notes

This constitutes sec. 3 of article VI as
amended by act approved March 9, 1965
(Ch. 273, Laws 1965), adopted at the
general election of November 8, 1966,
efifective under governor's proclamation,

Sees. 4 to 6.

Repeal

These sections were repealed by Ch.
273, Laws 1965, adopted at the general
election of November 8, 1966, effective
under governor's proclamation, December
6, 1966.

December 6, 1966. The amendment made
the section applicable to senatorial dis-
tricts and eliminated a provision pro-
hibiting the division of counties in the
formation of representative districts.

Constitutionality

Sections 4 and 5 are void and uncon-
stitutional in that they violate the equal
protection clause of the fourteenth amend-
ment of the constitution of the United
States. Herweg v. Thirty Ninth Legisla-
tive Assembly of State of Montana, 246
F Supp 454.

ARTICLE Vn

EXECUTIVE DEPARTMENT

Section 1. The executive department shall consist of a governor, lieu-
tenant-governor, secretary of state, attorney general, state treasurer, state
auditor and superintendent of public instruction, each of whom shall hold
his office for four years, or until his successor is elected and qualified, be-
ginning on the first Monday of January next succeeding his election, except
that the terms of office of those who are elected at the first election, shall
begin when the state shall be admitted into the Union, and shall end on
the first Monday of January, A. D, 1893. The officers of the executive de-
partment, excepting the lieutenant-governor, shall during their terms of
office reside at the seat of government, where they shall keep the public
records, books and papers. They shall perform such duties as are prescribed
in this constitution and by the laws of the state. The state treasurer shall
not be eligible to his office for the succeeding term.
Cross-Beferences

Section 46, Article V would permit
deviation from this section under emer-
gency conditions.

Section 2. The officers provided for in section 1 of this article, shall be
elected by the qualified electors of the state at the time and place of voting
for members of the legislative assembly, and the persons respectively, having
the highest number of votes for the office voted for shall be elected ; but if
two or more shall have an equal and the highest number of votes for any
one of said offices, the two houses of the legislative assembly, at its next
regular session, shall forthwith by joint ballot, elect one of such persons for
said office. The returns of election for the officers named in section 1 shall
be made in such manner as may be prescribed by law, and all contested elec-
tions of the same, other than provided for in this section, shall be deter-
mined as may be prescribed by law.

Section 3. No person shall be eligible to the office of governor, lieuten-
ant-governor, or superintendent of public instruction, unless he shall have

ABT. VIII, § 6 ELECTION LAWS

attained the age of thirty years at the time of his election, nor to the office
of secretary of state, state auditor, or state treasurer, unless he shall have
attained the age of twenty-five years, nor to the office of attorney general
unless he shall have attained the age of thirty years, and have been ad-
mitted to practice in the supreme court of the state, or territory of Mon-
tana, and be in good standing at the time of his election. In addition to the
qualifications above prescribed, each of the officers named shall be a citizen
of the United States, and have resided within the state or territory two
years next preceding his election.

ARTICLE VIII

JUDICIAL DEPAETMENT8

SUPREME COURT

Section 6. The justices of the supreme court shall be elected by the
electors of the state at large, as hereinafter provided.

Section 7. The term of office of the justices of the supreme court, ex-
cept as in this constitution otherwise provided, shall be six years.

Section 8. There shall be elected at the first general election, provided
for by this constitution, one chief justice and two associate justices of the
supreme court. At said first election the chief justice shall be elected to
hold his office until the general election in the year one thousand eight
hundred ninety -two (1892), and one of the associate justices to hold office
until the general election in the year one thousand eight hundred ninety-
four (1894), and the other associate justice to hold his office until the gen-
eral election in the year one thousand eight hundred ninety -six (1896), and
each shall hold until his successor is elected and qualified. The terms of
office of said justices, and which one shall be chief justice, shall at the first
and all subsequent elections be designated by ballot. After said first elec-
tion one chief justice or one associate justice shall be elected at the general
election every two years, commencing in the year one thousand eight hun-
dred ninety-two (1892), and if the legislative assembly shall increase the
number of justices to five, the first terms of office of such additional justices
shall be fixed by law in such manner that at least one of the five justices
shall be elected every two years. The chief justice shall preside at all sessions
of the supreme court, and in case of his absence, the associate justice having
the shortest term to serve shall preside in his stead.

Section 9. There shall be a clerk of the supreme court, who shall hold
his office for the term of six years, except that the clerk first elected shall
hold his office only until the general election in the year one thousand
eight hundred ninety-two (1892), and until his successor is elected and
qualified. He shall be elected by the electors at large of the state, and his
compensation shall be fixed by law, and his duties prescribed by law, and
by the rules of the supreme court.

Section 10. No person shall be eligible to the office of justice of the
supreme court, unless he shall have been admitted to practice law in the

CONSTITUTION OF MONTANA ART. VIII, § 19

supreme court of the territory or state of Montana, be at least thirty years
of age, and a citizen of the United States, nor unless he shall have resided
in said territory or state at least two years next preceding his election.

DI8TEICT C0UBT8

Section 12. The state shall be divided into judicial districts, in each of
which there shall be elected by the electors thereof one judge of the district
court, whose term of office shall be four years, except that the district
judges first elected shall hold their offices only until the general election
in the year one thousand eight hundred and ninety -two (1892), and until
their successors are elected and qualified. Any judge of the district court
may hold court for any other district judge, and shall do so when required
by law.

Section 13. Until otherwise provided by law judicial districts of the
state shall be constituted as follows: First district, Lewis and Clark coun-
ty; second district. Silver Bow county; third district, Deer Lodge county;
fourth district, Missoula county; fifth district, Beaverhead, Jefferson and
Madison counties; sixth district, Gallatin, Park and Meagher counties;
seventh district, Yellowstone, Custer and Dawson counties; eighth dis-
trict, Choteau, Cascade and Fergus counties.

Section 16. No person shall be eligible to the office of judge of the
district court unless he be at least twenty-five years of age and a citizen
of the United States, and shall have been admitted to practice law in the
supreme court of the territory or state of Montana, nor unless he shall
have resided in this state or territory at least one year next preceding his
election. He need not be a resident of the district for which he is
elected at the time of his election, but after his election he shall reside in
the district for which he is elected during his term of office.

Section 18. There shall be a clerk of the district court in each county,
who shall be elected by the electors of his county. The clerk shall be
elected at the same time and for the same term as the district judge. The
duties and compensation of the said clerk shall be as provided by law.

COUNTY ATT0ENEY8

See. 19, There shall be elected at the general election in each county
of the state one county attorney, whose qualifications shall be the same
as are required for a judge of the district court, except that he must be
over twenty-one years of age, but need not be twenty-five years of age,
and whose term of office shall be four years, and until their successors are
elected and qualified. He shall have a salary to be fixed by law, one-half
of which shall be paid by the state, and the other half by the county for
which he is elected, and he shall perform such duties as may be required
by law.

AET, VIII, § 20 EXECTION LAWS

Compiler's Note This amendment increased the county at-

This constitutes sec. 19 of article VIII torneys' term of office from two to four

as amended by act approved March 6, years and eliminated a provision applica-

1961 (Ch. 164," Laws 1961), adopted at ble only to the first county attorneys

the general election of November, 1962. elected under the constitution.

JUSTICES or THE PEACE

Section 20. There shall be elected in each organized township of each
county by the electors of such township at least two justices of the peace,
who shall hold their offices, except as otherwise provided in this constitu-
tion, for the term of two years. Justices' courts shall have such original
jurisdiction within their respective counties as may be prescribed by law,
except as in this constitution otherwise provided ; provided, that they
shall not have jurisdiction in any case where the debt, damage, claim or
value of the property involved exceeds the sum of three hundred dollars.

I^roposed Repeal repeal of sections 20 to 24. Approved

Section 5, Ch. 121, Laws 1961, proposed March 2, 1961.

MISCELLANEOUS PROVISIONS
Section 34. Vacancies in the office of justice of the supreme court, or
judge of the district court, or clerk of the supreme court, shall be filled by
appointment, by the governor of the state, and vacancies in the offices of
county attorney, clerk of the district court, and justices of the peace, shall
be filled by appointment, by the board of county commissioners of the
county where such vacancy occurs. A person appointed to fill any such
vacancy shall hold his office until the next general election and until his
successor is elected and qualified. A person elected to fill a vacancy shall
hold office until the expiration of the term for which the person he suc-
ceeds was elected.

ARTICLE IX
EIGHTS OF SUETRAGE AND QUALIFICATIONS TO HOLD OFFICE

Section 1. AH elections by the people shall be by ballot.

Section 2. Every person of the age of twenty-one years or over,
possessing the following qualifications, shall be entitled to vote at all
general elections and for all officers that now are, or hereafter may be,
elective by the people, and, except as hereinafter provided, upon all
questions which may be submitted to the vote of the people or electors:
First, he shall be a citizen of the United States; second, he shall have re-
sided in this state one year immediately preceding the election at which he
offers to vote, and in the town, county or precinct such time as may be
prescribed by law. If the question submitted concerns the creation of any
levy, debt or liability the person, in addition to possessing the qualifi(3ations
above mentioned, must also be a taxpayer whose name appears upon the
last preceding completed assessment roll, in order to entitle him to vote
upon such question. Provided, first, that no person convicted of felony
shall have the right to vote unless he has been pardoned or restored to

CONSTITUTION OF MONTANA ART. IX, § 8

citizenship by the governor: provided, second, that nothing herein con-
tained shall be construed to deprive ai\y person of the right to vote who
has such right at the time of the adoption of this constitution; provided,
that after the expiration of five years from the time of the adoption of this
constitution, no person except citizens of the United States shall have the
right to vote. (As amended by Ch. 101, Laws 1931, effective December 9,
1932.)

Proposed Amendment debt or liability the person, in addition to

possessing the cjualifications above men-
Chapter 14, Laws 1969, proposes to tioned, must also be a taxpayer whose
amend this section to read as follows: „.^,^^e appears upon the last preceding
"Section 2 Every person of the age of completed assessment roll, in order to en-
nineteen (19) years or over, possessnig ^j^,^ ^^.^^^ ^^ ^^^^ ^^^^ question. Pro-
the following qua l.hcations, sluill be en- ^j^^^, ^ ^^^^ ^^^ ^^^^^ convicted of
titled to vote at all general elections and ^^^ ^j^^„ ^^^^ ^^e right to vote unless
for all officers that now are, or hereafter j^^ ^^^^ ,,^p,^ pardoned or restored to citi-
may be, elective by the people, and, except ^^^ghip by the governor: provided, see-
as hereinafter provided, upon all questions ^^^ ^^^^ nothing herein contained shall
which may be submitted to the vote of ,^^ construed to deprive anv person of the
the people or electors. First, he shall be ^-^^ ^^ ^^^^ ^^^ ^^^ ^^-^ ^ight at the
a citizen of the United States: second, he ^.^^ ^^ ^^^ adoption of this constitution;
shall have resided in this state one year ^^^ijed, that after the expiration of five
immediately preceding the election at ^^^^^ f^^,^^ ^^^ ^-^^ ^j ^^e adoption of
which he offers to vote and m the town, -j^j^ constitution, no person except citi-
county or precinct such time as may be ^^^^ ^f ^,^^ ^:,^ij^^ S^^^^3 ^hall have the
prescribed by law. It the question sub- rieht to vote "
mitted concerns tlie creation of any levy.

Section 3. For the purpose of voting no person shall be deemed to have
gained or lost a residence by reason of his presence or absence while em-
ployed in the service of the state, or of the United States, nor while engaged
in the navigation of the waters of the state, or of the United States, nor
while a student at any institution of learning, nor while kept at any alms-
house or other asylum at the public expense, nor while confined in any
public prison.

Section 4. Electors shall in all cases, except treason, felony or breach
of peace, be privileged from arrest during their attendance at elections
and in going to and returning therefrom.

Section 5. No elector shall be obliged to perform military duty on the
days of election, except in time of war or public danger.

Section 6. No soldier, seaman or marine in the army or navy of the
United States shall be deemed a resident of this state in consequence of
being stationed at any military or naval place within the same.

Section 7. No person shall be elected or appointed to any office in this
state, civil or military, who is not a citizen of the United States, and who
shall not have resided in this state at least one year next before his elec-
tion or appointment.

Section 8. No idiot or insane person shall be entitled to vote at any
election in this state.

Art. IX, § 9 election laws

Section 9. The legislative assembly shall have the power to pass a
registration and such other laws as may be necessary to secure the purity
of elections and guard against abuses of the elective franchise.

Section 10. All persons possessing the qualifications for suffrage pre-
scribed by Section 2 of this article as amended and such other qualifi-
cations as the legislative assembly may by law prescribe, shall be eligible
to hold the office of county superintendent of schools or any other school
district office. (As amended by Ch. 97, Laws 1923, effective December 9,
1924.)

Section 11. Any person qualified to vote at general elections and for
state officers in this state, shall be eligible to any office therein except as
otherwise provided in this constitution, and subject to such additional quali-
fications as may be prescribed by the legislative assembly for city offices
and offices hereafter created.

Section 12. Upon all questions submitted to the vote of the taxpayers
of the state, or any political division thereof, women who are taxpayers and
possessed of the qualifications for the right of suffrage required of men by
this constitution, shall equally with men have the right to vote.

Section 13. In all elections held by the people under this constitution,
the person or persons who shall receive the highest number of legal votes
shall be declared elected.

ARTICLE X
STATE INSTITUTIONS AND PUBLIC BUILDINGS

Section 2. At the general election in the year one thousand eight hun-
dred and ninety-two, the question of permanent location of the seat of gov-
ernment is hereby provided to be submitted to the qualified electors of the
state, and the majority of all the votes upon said question shall determine
the location thereof. In case there shall be no choice of location at said
election, the question of choice between the two places for which the highest
number of votes shall have been cast shall be, and is hereby, submitted in
like manner to the qualified electors at the next general election thereafter;
provided, that until the seat of government shall have been permanently
located the temporary seat of government shall be and remain at the city
of Helena.

Section 3. When the seat of government shall have been located as
herein provided the location thereof shall not thereafter be changed, except
by a vote of two-thirds of all the qualified electors of' the state voting on
that question at a general election at which the question of the location of

CONSTITUTION OF MONTANA ART. XIII, § 2

the seat of government shall have been submitted by the legislative as-
sembly.

Cross-References

Section 46, Article V would permit
deviation from this section under emer-
gency conditions.

ARTICLE XI

EDUCATION

Section 10. The legislative assembly shall provide that all elections for
school district officers shall be separate from those elections at which state
or county officers are voted for.

ARTICLE XII

REVENUE AND TAXATION

Section 9. The rate of taxation on real and personal property for state
purposes, except as hereinafter provided, shall never exceed two and one-
half mills on each dollar of valuation ; and whenever the taxable property of
the state shall amount to six hundred million dollars ($600,000,000.00) the
rate shall never exceed two (2) mills on each dollar of valuation, unless the
proposition to increase such rate, specifying the rate proposed and the time
during which the rate shall be levied shall have been submitted to the
people at the general election and shall have received a majority of all
votes cast for and against it at such election; provided, that in addition to
the levy for state purposes above provided for, a special levy in addition
may be made on live stock for the purpose of paying bounties on wild
animals and for stock inspection, protection and indemnity purposes, as
may be prescribed by law, and such special levy shall be made and levied
annually in amount not exceeding four mills on the dollar by the state
board of equalization, as may be provided by law. (As amended by Ch. 4,
Laws 1909, effective December 6, 1910.)

ARTICLE Xm
PUBLIC INDEBTEDNESS

Section 2. The legislative assembly shall not in any manner create
any debt except by law which shall be irrepealable until the indebtedness
therein provided for shall have been fully paid or discharged; such law
shall specify the purpose to which the funds so raised shall be applied and
provide for the levy of a tax sufficient to pay the interest on, and extin-
guish the principal of such debt within the time limited by such law for
the payment thereof; but no debt or liability shall be created which shall
singly, or in the aggregate with any existing debt or liability, exceed the
sum of one hundred thousand dollars ($100,000) except in case of war, to
repel invasion or suppress insurrection, unless the law authorizing the

Art. XIII, § 5 election laws

same shall have been submitted to the people at a general election and shall
have received a majority of the votes cast for and against it at such election.

Section 5. No county shall be allowed to become indebted in any man-
ner, or for any purpose, to an amount, including existing indebtedness, in
the aggregate, exceeding five (5) per centum of the value of the taxable
property therein, to be ascertained by the last assessment for state and
county taxes previous to the incurring of such indebtedness, and all bonds
or obligations in excess of such amount given by or on behalf of such county
shall be void. No county shall incur any indebtedness or liability for any
single purpose to an amount exceeding ten thousand dollars ($10,000)
without the approval of a majority of the electors thereof, voting at an
election to be provided by law.

Section 6. No city, town, township, school district or high school dis-
trict shall be allowed to become indebted in any manner or for any purpose
to an amount, including existing indebtedness, in the aggregate exceeding
five per centum (5%) of the value of the taxable property therein, to be as-
certained by the last assessment for state and county taxes previous to
the incurring of such indebtedness, and aU bonds or obligations in excess
of such amount given by or on behalf of such city, town, township, school
district or high school district shall be void; and each school district and
each high school district shall have separate and independent bonding
capacities within the limitation of this section ; provided, however, that the
legislative assembly may extend the limit mentioned in this section, by
authorizing municipal corporations to submit the question to a vote of the
taxpayers affected thereby, when such increase is necessary to construct a
sewerage system or to procure a supply of water for such municipality which
shall own and control said water supply and devote the revenues derived
therefrom to the payment of the debt. (As amended by Ch. 193, Laws 1949,
effective December 6, 1950; Ch. 161, Laws 1957, effective December 8, 1958.)

ARTICLE XVI
COUNTIES— MUNICIPAL CORPORATIONS AND OFFICES

Section 2. The legislative assembly shall have no power to remove the
county seat of any county, but the same shall be provided for by general
law ; and no county seat shall be removed unless a majority of the quali-
fied electors of the county, at a general election on a proposition to remove
the county seat, shall vote therefor ; but no such proposition shall be sub-
mitted oftener than once in four years.

Cross-References

Section 46, Article V would permit
deviation from this section under emer-
gency conditions.

Section 4. In each county there shall be elected three county commis-
sioners, whose term of office shall be six years ; provided that each county
in the state of Montana shall be divided into three commissioner districts,

CONSTITUTION OF MONTANA ART. XVI, § 4

to be designated as commissioner districts, numbers one, two and three,
respectively.

The board of county commissioners shall in every county in the state of
Montana, at their regular session, on the first Monday in May, 1929, or as
soon thereafter as convenient or possible, not exceeding sixty days there-
after, meet and by and under the direction of the district court judge or
judges of said county, divide their respective counties into three commis-
sioner districts as compact and equal in population and area as possible,
and number them respectively, one, two and three, and when such division
has been made, there shall be filed in the office of the county clerk and re-
corder of such county, a certificate designating the metes and bounds of
the boundary lines and limits of each of said commissioners districts, which
certificate shall be signed by said judge or judges; provided, also that at
the first regular session of any newly organized and created county, the
said board of county commissioners, by and under the direction of the
district court judge or judges of said county, shall divide such new county
into commissioner districts as herein provided.

Upon such division, the board of county commissioners shall assign its
members to such districts in the following manner; each member of the
said board then in service shall be assigned to the district in which he is
residing or the nearest thereto; the senior member of the board in service
to be assigned to the commissioner distri-Jt No. 1, the next member in
seniority to be assigned to commissioner district No. 2, and the junior mem-
ber of the board to be assigned to commissioner district No. 3; provided,
that at the first general election of any newly created and organized coun-
ty, the commissioner for district No. 1, shall be elected for two years, for
No. 2, for four years, and for No. 3, for six years, and biennially thereafter
there shall be one commissioner elected to take place of the retiring com-
missioner, who shall hold his office for six years.

That the board of county commissioners by and under the direction of
the district court judge or judges of said county, for the purpose of equal-
izing in population and area such commissioner districts, may change the
boundaries of any or all of the commissioner districts in their respective
county, by filing in the office of the county clerk and recorder of such coun-
ty, a certificate signed by said judge or judges designating by metes and
bounds the boundary lines of each of said commissioner districts as
changed, and such change in any or all the districts in such county, shall
become effective from and after filing of such certificate ; provided, however,
that the boundaries of no commissioner district shall at any time be changed
in such a manner as to affect the term of office of any county commissioner
who has been elected, and whose term of office has not expired ; and pro-
vided, further, that no change in the boundaries of any commissioner dis-
trict shall be made within six months next preceding a general election.

At the general election to be held in 1930, and thereafter at each general
election, the member or members of the board to be elected, shall be selected
from the residents and electors of the district or districts in which the
vacancy occurs, but the election of such member or members of the board

Art. XVI, § 5 ELECTION LAWS

shall be submitted to the entire electorate of the county, provided, however,
that no one shall be elected as a member of said board, who has not resided
in said district for at least two years next preceding the time when he shall
become a candidate for said office.

"When a vacancy occurs in the board of county commissioners the judge
or judges of the judicial district in which the vacancy occurs, shall appoint
someone residing in such commissioner district where the vacancy occurs, to
fill the office until the next general election when a commissioner shall be
elected to fill the unexpired term. (As amended by Ch. 72, Laws 1927,
effective December 8, 1928.)

Cross-References

Section 46, Article V would permit
deviation from this section under emer-
gency conditions.

Section 5. There shall be elected in each county the following county
officers who shall possess the qualifications for suffrage prescribed by sec-
tion 2 of article IX of this constitution and such other qualifications as may
be prescribed by law :

One county clerk who shall be clerk of the board of county commission-
ers and ex-officio recorder ; one sheriff ; one treasurer, who shall be collector
of the taxes, provided, that the county treasurer, shall not be eligible to his
office for the succeeding term; one county superintendent of schools; one
county surveyor; one assessor; one coroner; one public administrator. Per-
sons elected to the different offices named in this section shall hold their
respective offices for the term of four (4) years, and until their successors
are elected and qualified. Vacancies in all county, township and precinct offi-
ces, except that of county commissioners, shall be filled by appointment by
the board of county commissioners, and the appointee shall hold his office
until the next general election ; provided, however, that the board of coun-
ty commissioners of any county may, in its discretion, consolidate any two
or more of the within named offices and combine the powers and the duties
of the said offices consolidated ; however, the provisions hereof shall not be
construed as allowing one (1) office incumbent to be entitled to the salaries
and emoluments of two (2) or more offices; provided, further, that in con-
solidating county offices, the board of county commissioners shall, six (6)
months prior to the general election held for the purpose of electing the
aforesaid offices, make and enter an order, combining any two (2) or more
of the within named offices, and shall cause the said order to be published
in a newspaper, published and circulated generally in said county, for a
period of six (6) weeks next following the date of entry of said order. (As
amended by Ch. 93, Laws 1937, effective December 2, 1938.)

Section 6. The legislative assembly may provide for the election or ap-
pointment of such other county, township, precinct and municipal officers
as public convenience may require and their terms of office shall be as pre-

CONSTITUTION OF MONTANA ART. XIX, § 1

scribed by law, not in any case to exceed two years, except as in this con-
stitution otherwise provided.

Cross-B«fereiices

Sectiou 46, Article V would permit
deviation from this section under emer-
gency conditions.

Sectioa 7. The legislative assembly may, by general or special law,
provide any plan, kind, manner or form of municipal government for coun-
ties, or counties and cities and towns, or cities and towns, and whenever
deemed necessary or advisable, may abolish city or town government and
unite, consolidate or merge cities and towns and county under one
municipal government, and any limitations in this constitution not-
withstanding, may designate the name, fix and prescribe the number,
designation, terms, qualifications, method of appointment, election or
removal of the officers thereof, define their duties and fix penalties for
the violation thereof, and fix and define boundaries of the territory so
governed, and may provide for the discontinuance of such form of govern-
ment when deemed advisable ; provided, however, that no form of govern-
ment permitted in this section shall be adopted or discontinued until after
it is submitted to the qualified electors in the territory affected and by them
approved. (As enacted by Ch. 113, Laws 1921, effective December 14, 1922.)

Section 8. Any county or counties in existence on the first day of Janu-
ary, 1935, under the laws of the state of Montana or which may thereafter be
created or established thereunder shall not be abandoned, abolished and/or
consolidated either in whole or in part or at all with any other county or
counties except by a majority vote of the duly qualified electors in each
county proposed to be abandoned, abolished and/or consolidated with any
other county or counties expressed at a general or special election held
under the laws of said state. (As added by Ch. 102, Laws 1935, effective
December 2, 1936.)

ARTICLE XIX
MISCELLANEOUS SUBJECTS AND FUTURE AMENDMENTS

Section 1. Members of the legislative assembly and all officers, execu-
tive, ministerial or judicial, shall, before they enter upon the duties of
their respective offices, take and subscribe the following oath or affirma-
tion, to-wit: "I do solemnly swear (or affirm) that I will support, protect
and defend the constitution of the United States, and the constitution of
the state of Montana, and that I will discharge the duties of my office with
fidelity; and that I have not paid, or contributed, or promised to pay or
contribute, either directly or indirectly, any money or other valuable thing
to procure my nomination or election (or appointment) except for neces-
sary and proper expenses expressly authorized by law ; that I have not
knowingly violated any election law of this state, or procured it to be done
by others in my behalf; that I will not knowingly receive, directly, or in-
directly, any money or other valuable thing for the performance or non-
performance of any act or duty pertaining to my office other than the

Art. XIX, § 8 ELECTION LAWS

compensation allowed by law, so help me God." And no other oath, decla-
ration or test shall be required as a qualification for any office or trust.

Section 8. The legislative assembly may at any time, by a vote of two-
thirds of the members elected to each house, submit to the electors of the
state the question whether there shall be a convention to revise, alter, or
ameui this constitution; and if a majority of those voting on the question
shall declare in favor of such convention, the legislative assembly shall
at its next session provide for the calling thereof. The number of mem-
bers of the convention shall be the same as that of the house of representa-
tives, and they shall be elected in the same manner, at the same places,
and in the same districts, "^he legislative assembly shall in the act calling
the convention designate the day, hour and place of its meeting, fix tho
pay of its members and officers, and provide for the payment of the same,
together with the necessary expenses of the convention. Before proceed-
ing, the members shall take an oath to support the constitution of the
United States and of the state of Montana, and to faithfully discharge
their duties as members of the convention. The qualifications of members
shall be the same as of the members of the senate, and vacancies occurring
shall be filled in the manner provided for filling vacancies in the legislative
assembly. Said convention shall meet within three months after such
election and prepare such revisions, alterations or amendments to the con-
stitution as may be deemed necessary, which shall be submitted to the
electors for their ratification or rejection at an election appointed by the
convention for that purpose, not less than two nor more than six months
after the adjournment thereof; and unless so submitted and approved by
a majority of the electors voting at the election, no such revision, altera-
tion or amendment shall take effect.

Referred Measure stitution. Members of the commission

Laws 1969, ch. 65 submitted to electors ^'^all be appointed for two (2) year terms

the question whether a constitution con- begmnmg April 1, 1969, consideration be-

vention should be called. The act read: '"g S'^en to geographic, economic, and

"Section 1. At the general election to other pertinent factors, as follows:

be held in November 1970 there shall be M f"""" (4) members of the house ot

submitted to the electors of the state of representatives appointed by the speaker,

Montana the question whether the legis- "O more than two (2) of whom shall be

lative assembly at the 1971 session, and in affiliated with the same pohtical party:

accordance with article XIX, section 8 of ('^^ four (4) members of the senate ap-

the Montana constitution, shall call a con- Pointed by the committee on committees,

vention to revise, alter, or amend the con- "o more than two (2) of whom shall be

stitution of Montana." affiliated with the same political party;

Constitutional Revision Commission shall be affiliated with the same political

[Chapter 53, Laws 1969] party;

An act to estabhsh the Montana consti- (d) four (4) members appointed by the

tution revision commission to study the supreme court, no more than two (2) of

Montana constitution. whom shall be affiliated with the same

political party.

Section 1. Constitution revision com- (2) Commission members who are not

mission — creation — composition — term. government employees or elective officials

(1) \ temporary state agency known as shall be reimbursed for actual and neces-

the Montana constitution revision commis- sary expenses incurred as commission

sion consisting of sixteen (16) members is members. However, the term "elective

hereby created to study the Montana con- officials," as used in this subsection, ex-

CONSTITUTION OF MONTANA

Art. XIX, § 9

eludes members of the legislative assem-
bly.

Section 2. Detailed study of Montana
constitution to be conducted — written re-
port before September 1, 1970 — contents
of report — progress report. (1) The com-
mission shall conduct a detailed study of
the Montana constitution, compile factual
data on whether the constitution impairs
effective state government, compare the
Montana constitution witli those of other
states and publish a written report to the
forty-second legislative assembly prior to
September 1, 1970. The report shall con-
tain the findings of the commission, rec-
ommendations, a draft of any proposals
for change in the Montana constitution,
and recommendations of the most feasible
and desirable method of implementing anj'
proposals for change.

(2) The commission may publish prog-
ress and other reports during its study
and disseminate information on the con-
stitution as deemed desirable. Upon re-
quest, commission members shall meet
with the legislative council, governor, and
supreme court to report progress on the
study.

Section 3. Chairman selected — rules
adopted — written record — staff and com-
pensation — special consultants — state
agencies to co-operate. (1) The ccnnmis-
>ion shall elect a chairman and other

necessary officers, and shall establish its
Dwn lules relating to procedures, meet-
ings, and quijrums.

(2) Tiic commission shall maintain a
written record of its proceedings and its
finances which shall be open to inspection
by any person at the oflice of the commis-
sion during regular nfficc hours.

(3) The commission may employ any
necessary staff, assign their duties, and
fix their compensation. Staff appointed
shall serve at the pleasure of the commis-
sion.

(4) The commission may retain special
consultants, appoint advisory groups, and
consult with or request assistance from
any state agency, private group, or indi-
vidual deemed desirable.

(5) Upon request, state agencies shall
co-operate with the commission by fur-
nishing assistance and data to the extent
possible.

Section 4. Federal or private funds.
The commission may accept and expend

any federal or private funds which may
be available for support of the study.

Effective Date

Section 5 of Cli. .^.\ Laws 1959 providnl
the act should be in effect from and after
its passage and approval. Approved Feb-
ruary 20, 1969.

Section 9. Amendments to this constitution may be proposed in either
house of the legislative assembly, and if the same shall be voted for by
two-thirds of the members elected to eaeh house, such proposed amend-
ments, together with the ayes and nays of each house thereon, shall be
entered in full on their respective journals; and the secretary of state shall
cause the said amendment or amendments to be published in full in at least
one newspaper in each county (if such there be) for three months previous
to the next general election for members to the legislative assembly; and
at said election the said amendment or amendments shall be submitted to
the qualified electors of the state for their approval or rejection and such
as are approved by a majority of those voting thereon shall become part
of the constitution. Should more amendments than one be submitted at
the same election, they shall be so prepared and distinguished by numbers
or otherwise that each can be voted upon separately; provided, however,
that not more than three amendments to this constitution shall be submitted
at the same election.

Proposed Amendment

Chapter 66, Laws 1969, proposes to
amend this section to read as follows:

"Section 9. Amendments to this con-
stitution may be proposed in either house
of the legislative assembly, and if the same
shall be voted for by two-thirds of the

members elected to each house, such pro-
posed amendments, together with the ayes
and nays of each house thereon, shall be
entered in full on their respective journals;
and the secretary of state shall cause the
said amendment or amendments to be
published in full in at least one newspaper

Art. XIX, § 9

ELECTION LAWS

in each county (if such there be) for three
months previous to the next general elec-
tion for members to the legislative assem-
bly; and at said election the said amend-
ment or amendments shall be submitted to
the qualified electors of the state for their
approval or rejection and such as are
approved by a majority of those voting
thereon shall become part of the constitu-
tion. Should more amendments than one
(1) be submitted at the same election, they
shall be so prepared and distinguished by
numbers or otherwise that each can be
voted upon separately. Not more than
three amendments to this constitution
shall be submitted at the same election,
except that there may be submitted at
each of the general elections held in the
years 1972, 1974 and 1976, in addition to
the three amendments otherwise author-

ized by this section, an amendment or
amendments providing for the reorganiza-
tion of the executive department of gov-
ernment which may include the revision
or repeal of sections of this constitution
relating to any boards, offices, and depart-
ments other than legislative and judicial
offices. The reorganization of the execu-
tive department is a single subject, and
an additional amendment relating to that
subject authorized by this section may
be submitted to the qualified electors of
the state in the form of a title clearly ex-
pressing its subject."

Cross-Reference

Explanatory statement of proposed
Constitutional amendments to be prepared
by attorney general, sec. 37-104.1.

TITLE 1

AERONAUTICS

CHAPTER 8

ESTABLISHMENT OF AIEPORTS BY COUNTIES AND CITIES-
MUNICIPAL AIRPORTS ACT

Section 1-804. Tax levy for establishment and operation of airports.

1-804. (5668.38) Tax levy for establishment and operation of airports.

For the purpose of establishing, constructing, equipping, maintaining and
operating airports and landing fields under the provisions of this act the
county commissioners or the city or town council may each year assess and
levy in addition to the annual levy for general administrative purposes,
a tax of not to exceed two (2) mills on the dollar of taxable value of the
property of said count.v, city or town. In the event of a jointly established
airport or landing field, the county commissioners and the council or coun-
cils involved shall determine in advance the levy necessary for such pur-
poses and the proportion each political subdivision joining in the venture
shall paj^, based upon the benefits it is determined each sliall derive from
the project. Provided, that if it be found that the levy hereby authorized
will be insufficient for the purposes herein enumerated, the commissioners
and councils acting are hereby authorized and empowered to contract
an indebtedness on behalf of such county, city or town, as the case may be,
upon the credit thereof by borrowing money or issuing bonds for such
purposes, provided that no money may be borrowed and no bonds may be
issued for such purpose until the proposition has been submitted to the
taxpayers affected thereby, and a majority vote to be cast therefor, ex-
cept that for the purpose of establishing a reserve fund to resurface,
overlay, or improve existing ruuAvays, taxiways and ramps, said governing
bodies may set up ainiual reserve funds in tlicir annual budget, provided
said reserve is approved by tlie governing bodies during tlie normal budget-
ing procedure. Provided furtlier that the necessity to resurface or improve
said runways by overlays or similar methods every so many years is based
upon competent enginecrijig estimates, and provided that said funds are
expended at least within each ten (10) yeai" period. Said fund shall not
ex(!eed at any time a competent engineei'ing estimate of the cost of re-
surfacing or overlaying the existing runways, taxiways and ramps, of any
one airport for each said fund. The governing body of said airport, if in
its judgment deems it advantageous, may invest the fund in any interest-
bearing deposits in a state or national bank insured by the F.D.I.C. or
obligations of tlie United States of Ameriea, either short-term or long-
term. Interest earned from such investments shall be credited to the
operations and maintenance budget of said airport governing body. The
above provisions, notwithstanding other budget control measures, and due

1-804 ELECTION LAWS

to the uniqueness of the subject matter, and are hereby declared necessary
in the interests of the public health and safety.

History: En. Sec. 4, Ch. 108, L. 1929;
amd. Sec. 4, Ch. 54, L. 1941; amd. Sec. 1,
Ch. 54, L. 1945; amd. Sec. 1, Ch. 122, L.
1969.

TITLE 4

ALCOHOLIC BEVERAGES

CHAPTER 1

STATE LIQUOR CONTEOL ACT OP MONTANA— LICENSING— SALE
OF ALCOHOLIC BEVEEAGE8 BY STATE LIQUOR STORES

Section 4-142. Local option law — petition — ^time for election.

4-143. Notice of election.

4-144. Ballots, what to contain.

4-145. Election, how held.

4-146. Dealing in intoxicating liquors prohibited if majority of vote against

sale.

4-147. No election more than once in two years.

4-148. Sale of liquors prohibited.

4-149. Election, how contested.

4-142. (2815.96) Local option law — petition — time for election. Elec-
tion to be ordered upon application of one-third of the voters of any county.
Upon application by petition, signed by one-third of the voters who are
qualified to vote for members of the legislative assembly in any county in
the state, the board of county commissioners must order an election to be
held at the places of holding elections for county officers, to take place
within forty days after the reception of such petition, to determine whether
or not any spirituous or malt liquors, wine, or cider, or any intoxicating
liquors or drinks may be sold within the limits of the county. No election,
under this section must take place in any month in which general elections
are held. The board of county commissioners must determine on the suf-
ficiency of the petition presented from the roll of registered electors of the
territory affected.
History: En. Sec. 37, Ch. 105, L. 1933.

4-143. (2815.97) Notice of election. The notice of election must be
published once a week for four weeks in such newspapers of the county
where the election is to be held as the board of county commissioners may
think proper.
History: En. Sec. 38, Ch. 105, L. 1933.

4-144. (2815.98) Ballots, what to contain. The county clerk must fur-
nish the ballots to be used at such election, as provided in the general
election law, which ballots must contain the following words : "Sale of in-
toxicating liquors, yes" ; "Sale of intoxicating liquors, no" ; and the elector
in order to vote must mark an X opposite one of the answers.
History: En. Sec. 39,' Ch. 105, L. 1933.

4-145. (2815.99) Election, how held. The polling places must be estab-

4-146 ELECTION LAWS

lished, the judges and other oflficers to conduct the election must be desig-
nated, and the election must be held, canvassed and returned in all respects
in conformity to the laws of the state.
History: En. Sec. 40, Ch. 105, L. 1933.

4-146. (2815.100) Dealing in intoxicating liquors prohibited if majority
of vote against sale. If a majority of the votes cast are "Sale of intoxi-
cating liquors, no," the board of county commissioners must publish the
result once a week for four weeks in the paper in which the notice of the
election was given. The provisions of this act shall take effect at the expira-
tion of the time of the publication of the notice, and thereupon all existing
licenses shall be cancelled.
History: En. Sec. 41, Oh. 105, L. 1933.

4-147. (2815.101) No election more than once in two years. No election
must be held in the same county oftener than once in two years thereafter.
History: En. Sec. 42, Ch. 105, L. 1933.

4-148. (2815.102) Sale of liquors prohibited. If a majority of the votes
at the election are, "Sale of intoxicating liquors, no," it shall not be lawful
for any person within the county in which the vote was taken, to sell, either
directly or indirectly, or give away, to induce trade at any place of business,
or furnished to any person, any alcoholic, spirituous, malt, or intoxicating
liquors.
History: En. Sec. 43, Ch. 105, L. 1933.

4-149. (2815.103) Election, how contested. Any election held under
the provisions of this act may be contested in the same manner as provided
by the general laws.
History: En. Sec. 44, Oh. 105, L. 1933.

CHAPTER 3

MONTANA BEER ACT— LICENSING SALE OF BEER UNDER SUPERVISION
OF STATE LIQUOR CONTROL BOARD

Section 4-303. Closing hours for licensed retail beer establishments.

4-350. Election to determine whether or not beer should be sold in county to
be ordered upon application of one-third of the voters.

4-351. Notice of election.

4-352. Ballots — what to contain.

4-353. Election — how held.

4-354, Effect when vote is against sale of beer.

4-355. No election more than once in two years.

4-356. Election — how contested.

4-303. Closing hours for licensed retail beer establishments. Hereafter
all licensed establishments wherein beer as defined by subsection (b) of
section 4-302, is sold, offered for sale or given away at retail shall be closed
during the following hours :

(a) Sunday from two A. M. to one P. M. ;

(b) On any other day between two A. M. and eight A. M. ;

(c) On any day of a biennial general or primary election at which state
and national officers are elected, during the hours when the polls are open,

ALCOHOLIC BEVERAGES 4-354

but not upon the day of any other election ; provided, however, that when
any municipal incorporation has by ordinance further restricted the hours
of sale of beer, then the sale of beer is prohibited within the limits of any
such city or town during the times such sale is prohibited by this act and
in addition thereto during the hours that it is prohibited by such ordinance.

History: En. Sec. 1, Oh. 161, L. 1943;
amd. Sec. 1, Ch. 162, L. 1959.

4-350. (2815.53) Election to determme whether or not beer should be
sold in county to be ordered upon application of one-third of the voters.

Upon application by petition, signed by one-third (1/3) of the voters who
are qualified to vote for members of the legislative assembly in any county
in the state, the board of county commissioners must order an election to be
held at the places of holding elections for county officers, to take place
within forty (40) days after the reception of such petition, to determine
whether or not the sale of beer as herein provided for shall be permitted
within the limits of the county. No election, under this section must take
place in any month in which the general elections are held. It shall be the
duty of the board of county commissioners to determine the sufficiency of
the petitions presented from an examination of the roll of qualified electors
within the county.
History: En. Sec. 50, Ch. 106, L. 1933.

4-351. (2815.54) Notice of election. The notice of election must be
published once a week for four (4) weeks in such newspapers of the county
where the election is to be held as the board of county commissioners may
think proper.
History: En. Sec. 51, Oh. 106, L. 1933.

4-352. (2815.55) Ballots — what to contain. The county clerk must fur-
nish the ballots to be used at such election, as provided in the general elec-
tion laws, which ballots must contain the following words: "Sale of beer,
yes"; "Sale of beer, no." And the elector in order to vote must mark an
"X" opposite one (1) of the answers.
History: En. Sec. 62, Ch. 106, L. 1933.

4-353. (2815.56) Election — ^how held. The polling places must be estab-
lished, the judges and other officers to conduct the election must be desig-
nated, and the election must be held, canvassed and returned in all respects
in conformity to the general election laws of the state of Montana.
History: En. Sec. 53, Oh. 106, L. 1933.

4-354. (2815.57) Effect when vote is against sale of beer. If a majority
of the votes cast are against the sale of beer the board of county commis-
sioners must publish the result once a week for four (4) weeks in the
newspapers in which the notices of election were published, and from the
date of the election no further licenses to vend beer in the county shall be
issued by the board of equalization, and after the publication of notice

4-355 ELECTION LAWS

proclaiming the result of the election as against the sale of beer, all
licenses then existing shall be cancelled by the state board of equalization,
and thereafter it shall be unlawful to sell any beer in any such county.
History: En. Sec. 64, OIl 106, L. 1933.

4-355. (2815.58) No election more than once in two years. No election
shall be held in the same county oftener than once in any two (2) years.
History: En. Sec. 66, Oh. 106, L. 1933.

4-356. (2815.59) Election — how contested. Any election held under
the provisions of this act may be contested in the same manner as other
elections under the laws of this state.
History: En. Sec. 66, Oh. 106, K 1933.

CHAPTER 4
MONTANA RETAIL LIQUOR LICENSE ACT— SALES BY LICENSEES OF BOARD

Section 4-414. Hours for sale of liquor.

4-431. Act when effective — protests — elections.

4-432. Publication notice of election.

4-433. Form of ballots.

4-434. Polling places — conduct of elections.

4-435. Effect of election — penalty — liquor store sales not affected.

4-436. Contest of election.

4-437. Restriction on holding second election.

4-414. Hours for sale of liquor. No liquor shall be sold, offered for
sale or given away upon any premises licensed to sell liquor at retail during
the following hours :

(a) Sunday, from two A. M. to one P. M. ;

(b) On any other day between two A. M. and eight A. M. ;

and national officers are elected, during the hours when the polls are open,

but not upon the day of any other election ; provided, however, when any

city, or incorporated or unincorporated town has any ordinance further

restricting the hours of sale of liquor, such restricted hours shall be the

hours during which the sale of liquor at retail shall not be permitted within

the jurisdiction of any such city or town.

History: En. Sec. 12, Oh. 84. L. 1937;
amd. Sec. 2, Ch. 162, L. 1969.

4-431. Act when efiFective — protests — elections. The provisions of this
act as to the issuance of licenses as herein provided shall be effective thirty
(30) days after the passage and approval of this act. In the event that
during the said period of thirty (30) days, a duly verified petition in writing
signed by not less than thirty-five per centum (35%) of the registered
qualified electors of any county file with the board of county commissioners
their protest against the issuance of any licenses as herein provided by the
Montana liquor control board under the provisions of this act, then the
said Montana liquor control board shall not issue any license or licenses
within said county, except as herein provided.

ALCOHOLIC BEVERAGES 4-435

The board of county commissioners must within five (5) days after the
filing of said petition, meet and determine the sufiiciency of the petition
presented by ascertaining whether or not at least thirty-five per centum
(35%) of the signers of said petition are registered electors of the territory
or county affected. The board of county commissioners must within ten
(10) days after the filing of such petition, if such petition be sufficient
therefor make an order calling an election to be held within the county
in the manner and at the places of holding an election for county oSices
in such county. Such election to be held on a day fixed by the board of
county commissioners not more than thirty (30) days after the filing of
such petition for the purpose of determining whether or not any license
for the sale of spirituous liquors may be sold within the limits of the county
as provided by the provisions of this act.
History: En. Sec. SO, Oli. 84, L. 1937.

4-432. Publication notice of election. The notice of election must be
published once a week for four (4) weeks in such newspapers in the county
where the election is to be held as the board of county commissioners may
think proper.
History: En. Sec. 31, OIl 84, L. 1937.

4-433. Form of ballots. The county clerk must furnish the ballots to be
used at such election, as provided in the general election law, which ballots
must contain the following words : "Sale of Alcoholic Beverages, Yes," "Sale
of Alcoholic Beverages, No," and the elector in order to vote must mark an
"X" opposite one of the answers.
History: En. Sec. 82, CIi. 84, L. 1937.

4-434. Polling places — conduct of elections. The polling places must
be established, the judges and other officers to conduct the election must be
designated, and the election must be held, canvassed and returned in all
respects in conformity to the laws of the state.
History: En. Sec. 33, Ch. 84, L. 1937.

4-435. Effect of election — penalty — liquor store sales not affected. If
a majority of the votes cast are "Sale of Alcoholic Beverages, Yes," the
provisions of this act sh^ll take effect immediately. If a majority of the
votes cast are "Sale of Alcoholic Beverages, No," the board of county com-
missioners must publish the result once a week for four (4) successive weeks
in the paper in which the notice of election was given, and at the expiration
of the time of the publication of such notice all existing licenses shall be
cancelled and it shall thereupon be unlawful to sell, either directly or in-
directly, any liquor in such county under penalty of a fine of not more than
five hundred dollars ($500.00) or by imprisonment in the county jail for a
period not exceeding six (6) months, or by both such fine and imprison-
ment; provided, however, that nothing herein contained shall be construed
to prevent or prohibit the sale of liquor at or by a state liquor store under
the liquor control act.
History: En. Sec. 34, Cfh. 84, L. 1937.

4-436 ELECTION LAWS

4-436. Contest of election. Any election held under the provisions of
the act may be contested in the same manner as provided by the general
election laws.
History: Ezl Sec. 35, Ch. 84, L. 1937.

4-437. Restriction on holding second election. If no petition protesting
against the issuance of licenses as herein provided be filed with the. board of
county commissioners within thirty (30) days after the passage and approval
of this act, or if a majority of the votes cast at any election held in pur-
suance of the filing of said petition as herein provided, are "Sale of Alcoholic
Beverages, No," then there shall not be submitted to the qualified electors
of said county any other or further question as to the sale of alcoholic
beverages within said county for a period of two (2) years from and after
the date of the filing of said petition protesting the issuance of said license
as herein provided with the board of county commissioners.
History: En. Sec. 36, Ch. 84, L. 1937.

TITLE 9

CEMETERIES

CHAPTER 2

PUBLIC CEMETERY DISTRICT ACT

Section 9-201. Public cemetery district act.

9-202. Petition to board of county commissioners.

9-203. Hearing.

9-204. Final hearing.

9-205. Order of board aa respects election.

9-206. Favorable vote — commissioners to organize district.

9-207. Government of district — appointment and terms of trustees.

9-208. Powers of district.

9-209. Budget and tax levy.

9-209.1. Disbursement of tax proceeds.

9-209.2. Validating act.

9-209.3, Payment of validated warrants.

9-210. Regulations.

9-211. Withdrawal of portion of district, petition for.

9-212. Hearing.

9-213. Alteration of boundaries.

9-214. Notice, publication of.

9-215. Power of county commissioners.

9-201. Public cemetery district act. There is hereby deemed and de-
clared a public cemetery district act for the state of Montana. A cemetery
district may contain the entire territory embraced within a county or any
portion or subdivision thereof.

History: En. Sec. 1, Ch. 221, L. 1943;
amd. Sec. 1, Ch. 16, L. 1945.

9-202. Petition to board of county cormnissioners. Whenever a peti-
tion, signed by not less than twenty (20%) per cent of the citizens who are
owners of land located within a proposed cemetery district, whose names
appear as such owners of land upon the last completed assessment roll of
the county in which said proposed district is situated, which petition shall
definitely describe the boundaries of the proposed district and request that
the territory within said boundaries be organized into a public cemetery
district, the petition shall be presented to the board of county commissioners
of the county in which the proposed district is situated, at a regular or
special meeting of said board. The said board of county commissioners, by
resolution, shall fix a time for the hearing of said petition at not less than
two (2) nor more than five (5) weeks from the time of presentation thereof,
and shall cause notice to be given of the time and place of said hearing by
publication as prescribed by law, for not less than two (2) weeks prior to
the time of said hearing. Said notice shall state that any person residing in
or owning property within said proposed district or within any existing
cemetery district, any part of the territory of which is described in said

9-203 ELECTION LAWS

petition, may appear before said board at the hearing and show cause why

the said district should not be created or the proposed boundaries changed.

History: En. Sec. 2, Ch. 221, L. 1943;
amd. Sec. 2, Ch. 16, L. 1946.

9-203. Hearing. At the time fixed for said hearing, the board shall de-
termine whether or not it complies with the requirements hereinbefore set
forth and whether or not the notice required herein has been published as
required, and must hear all competent and relevant testimony offered in
support of or in opposition thereto. Said hearing may be adjourned from
time to time for the determination of said facts, not to exceed two (2)
weeks in all.

History: En. Sec. 3, Ch. 221, L. 1943;
amd. Sec 3, Oh. 16, L. 1945.

9-204. Final hearing. If the board of county commissioners shall de-
termine that the petitioners have complied with the requirements herein set
forth and that the notice required has been published, it shall thereupon pro-
ceed to a final hearing of the matter. Said board shall make such changes
in the boundaries of the proposed district as it may deem advisable and
shall define and establish such boundaries, as described in the petition and
shall call an election.

History: En. Sec. 4, Oh. 221, L. 1943;
amd. Sec. 4, Oh. 16, L. 1946.

9-205. Order of board as respects election. The board, must in its
order, designate whether or not a special election shall be held, or whether
the matter shall be determined at the next general election. If a special
election is ordered, the board must, in its order, specify the time and place
for such election, the voting place, and shall in said order appoint and desig-
nate judges and clerks therefor. The election shall be held in all respects as
nearly as practicable in conformity with the general election laws : and
provided, further, that the polls shall be open from eight (8) o'clock A. M.
to six (6) P. M., on the day appointed for such election. At such election,
the ballots must contain the words "Cemetery District, Yes" and "Cemetery
District, No." The judges of the election shall certify to the board of
county commissioners the results of said election.

History: En. Sec. 5, Oh. 221, L. 1943;
amd. Sec. 5, Ch. 16, L. 1945.

9-206. Favorable vote — commissioners to organize district. In the event
that a majority of the votes cast are in favor of the formation of said ceme-
tery district, the board of county commissioners shall proceed with the
organization thereof as herein specified.

History: En. Sec. 6, Ch. 221, Ii. 1943;
amd. Sec. 6, Ch. 16, L. 1945.

9-207. Qovemment of district — appointment and terms of trustees.

Said cemetery district shall be governed and managed by three (3) trustees,
appointed by the board of county commissioners. The trustees shall be ap-
pointed from the freeholders residing within said district for terms of one
(1), two (2) and three (3) years respectively, and until their successors

CEMETERIES 9-209.2

shall be appointed and qualified. Annually thereafter the board of county

commissioners shall appoint one trustee for a term of three (3) years or

until his successor shall be appointed and qualified. The trustees at their

first meeting shall adopt by-laws for the government and management of

the district. They shall serve without pay.

History: En. Sec. 7, C?h. 221, L. 1943;
amd. Sec. 7, Oh. 16, L. 1945.

9-208. Powers of district. Said district may maintain a cemetery or

cemeteries within Liaid district; may hold title to property by grant, gift,

devise, lease, or any other method ; and perform all acts necessary or proper

for the carrying out of the purposes of this act, including the selling or

leasing of burial lots.

History: En. Sec. 8, Ch. 221, L. 1943;
am<L Sec. 8, Ch. 16, L. 1945.

9-209. Budget and tax levy. The board of cemetery trustees shall an-
nually present a budget to the board of county commissioners at the
regular budget meetings as prescribed by law. The board of county commis-
sioners must annually, at the time of levying county taxes, fix and levy
upon all property within said cemetery district, sufficient to raise the
amount certified by the board of cemetery trustees to be raised by a tax
on the property of said district. The tax so levied shall not exceed two
(2) mills on each dollar of taxable valuation on the property of said district.
Expenditures made, liabilities incurred, or warrants issued by or in behalf
of any cemetery district in excess of the annual budget presented to the
board of county commissioners as provided herein and the amount appro-
priated for and authorized to be expended for each item in the budget shall
not be a liability of the cemet-<3ry district. Insofar as the same can be made
applicable, the county budget system, sections 16-1901 to 16-1911, shall
govern the operation of cemetery districts created under this act.

History: En. Sec. 9, Ch. 221, L. 1943;
amd. Sec. 9, Ch. 16, L. 1945; amd. Sec. 1,
Oh. 93, L. 1951; amd. Sec. 1, Ch. 4, L. 1955.

9-209.1. Disbursement of tax proceeds. The proceeds of taxes collected
by the county treasurer for the public cemetery fund shall be disbursed to
the various cemetery districts upon the submission of a claim by said
cemetery districts to the board of county commissioners for their pro rata
share of the proceeds of the taxes collected. Upon approval of said claim
by the board of county commissioners the county clerk shall issue a trust
fund warrant drawn upon the public cemetery fund and payable to each
claimant.
History: En. Sec. 1, Ch. 94, L. 1951.

9-209.2. Validating act. All warrants heretofore issued by any ceme-
tery district for services actually rendered or goods, wares, merchandise or
material actually furnished to said cemetery district are hereby validated,
ratified, approved and confirmed, notwithstanding any lack of power of
such cemetery district to authorize or issue such warrants by reason of non-
compliance with any budget act or their being in excess of any cemetery

. 29

9-209.3 ELECTION LAWS

district budget or because of failure to include provision for the same in
any cemetery district budget or otherwise and said warrants so issued for
value received by said cemetery district shall be binding, legal, valid and
enforceable obligations of such cemetery district.
History: En. Sec. 2, Oh. 4, L. 1956.

9-209.3. Payment of validated warrants. All cemetery district war-
rants validated, ratified, approved and confirmed by the provisions of this
Hct shall be paid by the cemetery district which issued the same from any
funds which the cemetery district may have on hand which are not appro-
priated for other purposes. Any such cemetery district is also authorized
and directed to make provision for the payment of said warrants by in-
cluding in its budget each year in which such warrants remain outstanding
an item providing for the payment of such warrants as can be paid within
the proceeds of the two (2) mill maximum levy on each dollar of taxable
valuation of the property of said district specified in section 9-209, taking
into consideration other income of the cemetery district and after having
provided for the other budget requirements submitted by the board of
cemetery trustees to the board of county commissioners and such maximum
two (2) mill levy shall be made annually until said warrants are paid,
provided, that no interest or other charges for the use of the money repre-
sented by said warrants shall be paid by the cemetery district. All cemetery
district warrants validated, ratified, approved and confirmed by the pro-
visions of this act shall be listed by the cemetery district having issued
the same in the order in which they were issued by said cemetery district
and the warrants shall be paid in the order in which they were issued as
funds become available for the payment thereof under the provisions of
this act.
History: En. Sec. 3, Cb. 4, L. 1965.

9-210. Regulations. The trustees shall make proper rules and regula-
tions for the management of the cemeteries. The procedure of the collecting
of the tax and the distribution of the funds shall be in accordance with the
existing laws of the state of Montana.

History: En. Sec. 10, Oh. 221, L. 1943;
amd. Sec. 10, Ch. 16, L. 1946.

9-211. Withdrawal of portion of district, petition for. Any portion of
a public cemetery district may be withdrawn therefrom as in this section
provided, upon receipt of a petition signed by fifty (50) or more freeholders
residing in, or owning property within the portion desired to be withdrawn
by any public cemetery district or by a majority of such freeholders, if
there are less than one hundred (100) residing within the portion sought
to be withdrawn, on the grounds that such portion will not be benefited by
remaining in said district. The board of county commissioners shall fix a
time for the hearing of such withdrawal petition which shall not be more
than sixty (60) days after the receipt thereof. The said board shall, at least

CEMETERIES 9-215

thirty (30) days prior to the time so fixed, publish a notice of such hearing

for two (2) issues as provided by law.

History: En. Sec. 11, C\l 221, L. 1943;
amd. Sec. 11, Ch. 16, L. 1945.

9-212. Hearing. Any person interested may appear at said hearing and

present objections to the withdrawal of said portion from said district. The

board shall consider all objections, pass upon the merits thereof and make

an order in accordance therewith. This order is subject to review by any

court of competent jurisdiction.

History: En. Sec. 12, Ch. 221. L. 1943;
amd. Sec. 12, Cli. 16, L. 1945.

9-213. Alteration of bonndariee. The boundaries of any such public
cemetery district may be altered and outlying districts be annexed thereto
in the following manner : A petition signed by fifty (50) or more freeholders
within the territory proposed to be annexed, or by a majority of such free-
holders if there are less than one hundred (100) residing within the portion
proposed to be annexed, designating the boundaries of such contiguous
territory proposed to be annexed and asking that it be annexed to said
public cemetery district, shall be presented to the board of county commis-
sioners of the county in which said public cemetery district is situated.

History: En. Sec 13, Oh. 221, K 1943;
amd. Sec. 13, Ch. 16, L. 1945.

9-214. Notice, publication of. At the first regular meeting after the

presentation of said petition, said board of county commissioners shall cause

notice of said petition to be published according to law for two (2) weeks

prior to the date to be fixed by said board for the hearing of said petition.

Upon the date fixed for such hearing or continuance thereof said board shall

take up and consider said petition and any objections which may be filed to

the inclusion of any property in said district.

History: En. Sec. 14, Ch. 221, L. 1943;
amd. Sec. 14, Ch. 16, L. 1946.

9-215. Power of county commissioners. Said board of county commis-
sioners shall have the power by order entered on its minutes to grant said
petition either in whole or in part, and by order entered on its minutes to
alter the boundaries of said public cemetery district and to annex thereto,
all, or such portion of said territory described in said petition as will be
benefited thereby. This territory shall become and be a part of such public
cemetery district and shall be taxed, together with the remainder of said
district, for all taxes to be thereafter levied by said board of county com-
missioners for the operation and maintenance of said public cemetery
district.

History: En. Sec. 15, Ch. 221, L. 1943;
amd. Sec 15, Oh. 16, L. 1945.

TITLE 11
CITIES AND TOWNS

CHAPTER 2

CLASSIFICATION AND OEGANIZATION OF CITIES AND TOWNS

Section 11-203. Organization of cities and towns — petition and census.

11-204. Election — how conducted.

11-205. First election for officers.

11-206. Officers elected and conduct of election.

11-209. Old officers continue in office — election.

11-203. (4961) Organization of cities and towns — ^petition and census.
Whenever the inhabitants of any part of a county desire to be organized into
a city or town, they may apply by petition in writing, signed by not less
than fifty qualified electors, residents of the state, and residing within
the limits of the proposed incorporation, to the board of county commis-
sioners of the county in which the territory is situated, which petition
must describe the limits of the proposed city or town, and of the several
wards thereof, which must not exceed one square mile for each five hundred
inhabitants resident therein. The petitioners must annex to the petition a
map of the proposed territory to be incorporated, and state the name of
the city or town. The petition and map must be filed in the office of the
county clerk. Upon filing the petition, the board of county commissioners,
at its next regular or special meeting, must appoint some suitable person to
take a census of the residents of the territory to be incorporated. After
taking the census, the person appointed to take the same must return the
list to the board of county commissioners, and the same must be filed by it
in the county clerk's office. No municipal corporation must be formed unless
the number of inhabitants is three hundred or upwards.

History: First general municipal in- torical comparisoos of the several sections

corporation act was that of Feb. 17, 1881 cannot be made. This section en. Sec. 315,

(L. 1881, pp. 13-38); superseded by Sees. 5th Div. Gomp. Stat. 1887; re-en. Sec. 4720,

315-440, 6th Div. Ck)mp. Stat. 1887. Many Pol. 0. 18»6; re-en. Sec. 3208, Eev. C. 1907;

of the provisions of this act are so differ- amd. Sec. 1, Ch. 5d, L. 1909; re-en. Sec.

ent from the present law that exact his- 4961, B. 0. M. 1921.

11-204. (4962) Election — how conducted. After filing the petition and
census, if there be the requisite number of inhabitants for the formation of a
municipal corporation, as required in the preceding section, the county
commissioners must call an election of all the qualified electors residing
in the territory, described in the petition. Said election must be held at
a convenient place within the territory described in the petition, to be
designated by the board, notice of which election must be given by publica-
tion in some newspaper published within the limits of the territory to be
incorporated, or, if none be published therein, by posting notice in three
public places within said limits. The notice must be published thirty days

CITIES AND TOWNS 11-209

prior to the election, and must specify the time and place when and where
the same is held, and contain a description of the boundaries of the city or
town. The board must appoint judges and clerks of election, who must
qualify as required by law, and after the election they must report the
result to the board, together with the ballots cast at said election. The bal-
lots used at the election must be "For incorporation" or "Against incorpo-
ration," and all elections must be conducted as provided in Title 23 of
this code.

BUstory: En. Sec. 316, 5th Div. CJomp. 3209, Rev. C. 1907; re-en. Sec. 4962, R.-
Stat. 1887; amd. Sec. 2, p. 178, L. 1889; C. M. 1921.
re-en. Sec. 4721, Pol. C. 1895; re-em. Sec.

11-205. (4963) First election far oflBcers. When the incorporation of a
city or town is completed, the board of county commissioners must give
notice for thirty days in a newspaper published within the limits of the city
or town, or, if none be published therein, by posting notices in six public
places within the limits of the corporation, of the time and place or places
of holding the first election for offices of the corporation. At such election
all the electors qualified by the general election laws of the state, and who
have resided within the limits of the city or town for six months, and within
the limits of the ward for thirty days preceding the election, are qualified
electors and may choose officers for the city or town, to hold office as pre-
scribed in the next succeeding section.

History: Ap. p. Sec. 318, 5tli Dlv. Ck>mp. 3210, Rev. 0. 1907; re-en. Sec. 4963, R, C.
Stet. 1887; amd. Sec. 2, p. 178, L. 1889; re- M. 1921.
en. Sec. 4722, Pol. 0. 1895; re-en. Sec.

11-206. (4964) Officers elected and conduct of election. At such elec-
tion there must be elected, in a cit}' of the first class, a mayor, a police judge,
a city attorney, a city treasurer, a city marshal, and two aldermen from each
ward into which the city may be divided ; in a citj' of the second class, a
mayor, a police judge, a city treasurer, a city marshal, and two aldermen
from each ward ; in a town, a mayor, and two aldermen from each ward,
who hold office until the first Monday of May after the first annual elec-
tion, and until their successors are elected and qualified. The persons so
elected must qualify in the manner prescribed by law for county officers.
The board of county commissioners must appoint judges and clerks of
election, and canvass and declare the result thereof. The election must be
conducted in the manner required by law for the election of county officers.

History: En. Sec. 318, 5tli Div. Comp. 3211, Rev. C. 1907; re-en. Sec. 4964, R.
Stet. 1887; amd. Sec. 2, p. 178, L. 1889; C. M. 1921.
re-en. Sec. 4723, Pol. C. 1895; re-en. Soc.

11-209. (4967) Old officers continue in office — election. All officers of
such city or town holding office at the time of the adoption of this code
remain in office until the next annual election and the first Monday of May
next ensuing thereafter, and until their successors are elected and qualified.
The duties and compensation of such officers and the liabilities of sureties

11-303 ELECTION LAWS

on official bonds remain the same. All elections must be held under the pro-
visions of this code relative to the government of cities and towns.

History: En. Sec. 6034, PoL 0. 1895;
re-en. Sec. 3483, Bev. 0. 1907; re-esi. Sec.
4967, R. 0. M. 1921.

CHAPTER 3
CHANGES IN CLASSIFICATION OF CITIES AND TOWNS
Section 11-303. New officers — election.

11-303. (4971) New officers— election. The first election of officers of
the new municipal corporation organized under the provisions of this chap-
ter must be at the first annual municipal election after such proceedings,
and the old officers remain in office until the new officers are elected and
qualified.

History: En. Sec. 4952, Pol. 0. 1896;
re-en. Sec. 3449, Bev. O. 1907; re-en. Sec.
4971, B. C. M. 1921.

CHAPTER 4
ADDITIONS OF PLATTED TRACTS TO CITIES AND TOWNS
Section 11-405. Election on the qaestion of annexation.

11-406. (4979) Election on the question of annexation. When a city or
town desires to be annexed to another and contiguous city or town, the
council of each thereof must appoint three commissioners to arrange and
report to the municipal authorities respectively, the terms and conditions on
which the annexation can be made, and if the city or town council of
the municipal corporation to be annexed approves of the terms thereof, it
must by ordinance so declare, and thereupon submit the question of an-
nexation to the electors of the respective cities or towns. If a majority of
the electors vote in favor of annexation, the council must so declare, and a
certified copy of the proceedings for annexation and of the ordinances must
be filed with the clerk of the county in which the cities or towns so annexed
are situated, and when so filed the annexation is complete, and the city or
town to which the annexation is made has power, in addition to other powers
conferred by this title, to pass all necessary ordinances to carry into effect
the terms of the annexation. Such annexations do not affect or impair any
rights, obligations, or liabilities then existing, for or against either of such
cities or towns.

History: En. Sec. 322, 5tli Div. Oomp. re-en. Sec. 3215, Bev. C. 1907; re-en. Sec.
Stat. 1887; re-en. Sec. 4727, Pol. C. 1895; 4979, B. C. M. 1921.

CHAPTER 5
ALTERATION OF BOUNDARIES, EXCLUSION AND INCLUSION OF TERRITORY

Section 11-506. Alteration of boundaries of cities and towns — inclusion of territory —
petition and election.

CITIES AND TOWNS 11-506

11-507. Submission of question of annexation — election, how conducted and

returned — annexation when complete.
11-508. Territory which may not be annexed.
11-509. Lands used for certain purposes may not be annexed.
11-510. Act applicable to cities of what population.

11-506. Alteration of boundaries of cities and towns — inclusion of terri-
tory— petition and election. (1) The boundaries of any incorporated town
or city, whether heretofore or hereafter formed, may be altered and new
territory or territories annexed thereto, incorporated and included therein,
and made a part thereof, upon proceedings being had and taken as in this
act provided. The council, or other legislative body of any such municipal
corporation, upon receiving a written petition therefor containing a descrip-
tion of the new territory or territories asked to be annexed to such corpo-
ration, and signed by not less than thirty-three and one-third per cent
(333<3%) of the resident free holder electors of the territory proposed to
be annexed must, without delay, submit to the electors of such municipal
corporation and to the electors residing in the territory or territories pro-
posed by such petition to be annexed to such corporation, the question
whether such new territory or territories shall be annexed to, incorporated
in, and made a part of said municipal corporation.

(2) Such question may be so submitted at the next general municipal
election to be held in such municipal corporation, or it may be so submitted
prior to such general election, either at a special election called therein for
that purpose, or at any other municipal election therein, except an election
at which the submission of such question is prohibited by law; and such
council or legislative body is hereby empowered to and it shall be its duty to
cause notice to be given of such election by the publication of a notice
thereof in a newspaper printed and published in such municipal corporation
at least once a week for a period of three (3) successive weeks next preced-
ing the date of such election, or if there is no newspaper printed in such
municipal corporation, then such notice shall be published in like manner for
a like period in the nearest town or city in the county in which said territory
or territories to be annexed is situated, in which such newspaper is printed.
Such notice shall distinctly state the proposition to be submitted, i. e., that
it is proposed to annex to, incorporate in, and make a part of such municipal
corporation the territory or territories sought to be annexed, specifically
describing the boundaries thereof; and in said notice the qualified electors
of said municipal corporation, and the qualified electors residing in said
territory or territories so proposed to be annexed, shall be invited to vote
upon such proposition by placing upon their ballots the words "for annexa-
tion" or "against annexation," or words equivalent thereto.

(3) Such council or legislative body is hereby empowered, and it shall
be its duty, to establish, and in such notice of election designate the voting
precinct or precincts, the date of said election, the place or places at which,
and the hours between which the polls will be opened for such election, and
such other information regarding said election as the said council or legisla-
tive body may deem proper. Such place or places shall be that or those
commonly used as voting places within such municipal corporation, and

11-507 ELECTION LAWS

also that or those commonly used by the electors residing in such new
territory or territories.
History: En. S«c. 1, Cli. 168, L. 1945.

11-507. Submission of question of annexation — election, how conducted
and returned — annexation when complete. (1) If the question of annexa-
tion is submitted at a special election called for such purpose, the city or
town council, or other legislative body, shall fix the hours through which
the polls are to be kept open, which shall be not less than eight (8), and
which must be stated in the notice of election, and may appoint a smaller
number of judges than is required at a general city or town election, but
in no case shall there be less than three (3) judges in a precinct and such
judges shall act as their own clerks. If the question of annexation is sub-
mitted at a general city or town election, the polls shall be kept open during
the same hours as are fixed for the general election, and the judges and
clerks for such general election shall act as the judges and clerks thereof.

(2) Whenever the question of annexation under this title is submitted
at either a general city or town election, or at a special election, separate
ballots, white in color and of convenient size, shall be provided therefor.
The election shall be conducted, and the returns made in the same manner
as other city or town elections ; and all election laws governing city and
town elections shall govern insofar as they are applicable, but if such
question be submitted at a general city or town election, the votes thereon
must be counted separately, and separate returns must be made by the
judges and clerks at such election. If the said annexation election is held
at the same time as a general city or town election, then the returns shall be
canvassed by the city or town council at the same time as the returns for
such general election ; but if the question of annexation is submitted at a
special election, then the city or town council shall meet within ten (10)
days after the date of the holding of such special election and canvass the
returns.

(3) If it is found that a majority of such votes were cast in favor of
the annexation, the city or town council, or other legislative body shall, at a
regular or special meeting held within thirty (30) days thereafter, pass
and adopt a resolution providing for such annexation. Such resolution
shall recite that a petition has been filed with the said council or other
legislative body with a sufificient number of signatures of thirty-three and
one-third per cent (33>^%) of the resident free holder electors of the
territory proposed to be annexed ; a description of the boundaries of the
territory or territories to be annexed ; a copy of the resolution ordering a
general or special election thereof, as the case may be; a copy of the notice
of such election ; the time and result of the canvass of the votes received in
favor of annexation, and the number thereof cast against annexation ; and
that the boundaries of such city or town, by such resolution, shall be ex-
tended so as to embrace and include such territory or territories as the
same are described in the petition for annexation, which said resolution
shall be incorporated in the minutes of said council or legislative body.

(4) The clerk or other officer performing the duties of clerk of such

CITIES AND TOWNS 11-510

council or legislative body, shall promptly make and certify under the seal
of said municipal corporation, a copy of said record so entered upon said
minutes, which document shall be filed with the clerk of the c(^unty in which
the city or town to which said territory or territories are sought to be
annexed, is situated. Prom and after the date of the filing of said document
in the office of the said county clerk, the annexation of such territory or
territories so proposed to be annexed shall be deemed and shall be complete
and thenceforth such annexed territory or territories shall be, to all intents
and purposes, a part of said municipal corporation, and the said city or
town to which the annexation is made, has the power to pass all necessary
ordinances pertaining thereto.
History: En. Sec 2, CIl 168, I.. 1945.

11-508. Territory which may not be annexed. No territory which, at
the time such petition for such proposed annexation is presented to such
council or legislative body, forms any part of any incorporated town or
city, shall be annexed under the provisions of this act.
History: En. Sec. 3, Cli. 168, L. 1945.

11-509. LandB nsed for certain purposes may not be annexed. No

parcel of land which, at the time such petition for such proposed annexation
is presented to such council or legislative body, is used in whole or in part
for agricultural, mining, smelting, refining, transportation, or any industrial
or manufacturing purpose or any purpose incident thereto, shall be annexed
under the provisions of this act.
History: En. Sec. 4, Ch. 168, L. 1945.

11-510. Act applicable to cities of what population. This act shall not
be applicable to cities having a population, as shown by the last preceding
federal census of less than twenty thousand (20,000) and not more than
thirty-five thousand (35,000) and shall not repeal section 11-403 having
reference to extension of the corporate limits of cities of the first, second
and third classes to include contiguous land, but is intended and does
provide an alternative method for the annexation of territory or territories
to municipal corporations. "When any proceedings for annexation of terri-
tory or territories to any municipal corporation are commenced under this
act the provisions of this act and of such amendments thereto as may
thereafter be adopted, and no other, shall apply to such proceedings.
History: En. Sec. 5, Cli. 168, L. 1945.

11-701 ELECTION LAWS

CHAPTER 7

OFFICERS AND ELECTIONS

Section 11-701. Officers of city of the first class.

11-702. Officers of city of second and third classes.

11-703. Officers of towns.

11-707. City or town to be divided into wards.

11-708. Division of cities and towns into wards.

11-709. Annual elections in cities and towns — terms of office.

11-710. Qualification of mayor.

11-711. Terms of aldermen — how decided.

11-712. Terms of office — when to begin.

11-713. Who eligible.

11-714. Qualification of aldermen.

11-715. Registration of electors.

11-716. Qualifications of electors.

11-717. Election judges and clerks — voting places.

11-718. Canvass — when and how made.

11-719. Oath and bonds — vacancy.

11-720. When duties of office begin.

11-721. Vacancies — how filled — removal of officer.

11-701. (4995) OflBcers of city of the first claas. The officers of a city
of the first class consist of one mayor, two aldermen from each ward, one
police judge, one city treasurer, who may be ex-officio tax collector, who
must be elected by the qualified electors of the city as hereinafter provided.
There may also be appointed by the mayor, with the advice and consent of
the council, one city attorney, one city clerk, one chief of police, one asses-
sor, one street commissioner, one city jailer, one city surveyor, and when-
ever a paid fire department is established in such city, a chief engineer and
one or more assistant engineers, and any other officers necessary to carry
out the provisions of this title. The city council may, by ordinance, pre-
scribe the duties of all city officers and fix their compensation, subject to
the limitations contained in this title.

History: En. Sec. 4740, Pol. C. 1895;
Te-0a. Sec. 3216, Bev. C. 1907; re-en. Sec.
4996, B. C. M. 1921.

11-702. (4996) Officers of city of second and third classes. The officers
of a city of the second and third classes consist of one mayor, two aldermen
from each ward, one police judge, one city treasurer, who may be ex-officio
tax collector, who must be elected by the qualified electors of the city as
hereinafter provided. There may also be appointed by the mayor, with the
advice and consent of the council, one city clerk, who is ex-officio city
assessor, one chief of police, one city attorney, and any other officer neces-
sary to carry out the provisions of this title. The city council may prescribe
the duties of all city officers, and fix their compensation, subject to the
limitations contained in this title.

History: En. Sec 4741. PoL 0. 1895;
re-en. Sec. 3217, Bev. 0. 1907; re-en. Sec.
4996, B. 0. M. 1921.

11-703. (4997) Officers of towns. The officers of a town consist of one
mayor and two aldermen from each ward, who must be elected by the
qualified electors of the town as hereinafter provided. There may be ap-

CITIES AND TOWNS 11-709

pointed by the mayor, with the advice and consent of the council, one
clerk, who may be ex-officio assessor and a member of the council, and one
treasurer, who may be ex-officio tax collector, and one marshal, who may
be ex-officio street commissioner, and any other officers necessary to carry
out the provisions of this title. The town council may prescribe the duties
of all town officers, and fix their compensation, subject to the limitations

contained in this title.

History: En. Sec. 4742, Pol. C. 1895;
re-«n. Sec. 3218, E«v. C. 1907; re-en. Sec.
4997, B. C. M. 1921.

11-707. (5001) City or town to be divided into wards. The first city or
town council elected under the provisions of this title must divide the city
or town into wards for election and other purposes, having regard to popula-
tion so as to make them as nearly equal as possible.

History: En. Sec. 4746, PoL O. 1895;
re-en. Sec. 3222, Eev. 0. 1907; r»^n. Sec.
5001, B. 0. M. 1921.

11-708. (5002) Division of cities and towns into wards. Cities of the
first class must be divided into not less than four nor more than ten wards ;
cities of the second class into not less than three nor more than six wards ;
and cities of the third class into not less than two nor more than four
wards ; and towns into not less than two nor more than three wards. Pro-
vided, however, that the town council may by ordinance reduce the number
of wards in a town to only one if it so desires. All changes in the number
and boundaries of wards must be made by ordinance, and no new ward
must be created unless there shall be within its boundaries one hundred and
fifty electors, or more.

History: En. Sec. 4747, PoL 0. 1895; Oh. 74, L. 1909; re-en. Sec. 5002, B. O. M.
re-en. Sec. 3223, Bev. 0. 1907; amd. Sec 1, 1921; amd. Sec. 1, Ch. 39, L. 1943.

11-709. (5003) Annual elections in cities and towns — ^terms of office.

On the first Monday of April of every second year a municipal election must
be held, at which the qualified electors of each town or city must elect a
mayor and two aldermen from each ward, to be voted for by the wards
they respectively represent; the mayor to hold office for a term of two (2)
years, and until the qualification of his successor; and each alderman so
elected to hold office for a term of two (2) years, and until the qualifi-
cation of his successor; and also in cities of the first, second and third
class, a police judge and a city treasurer, who shall hold office for a term
of two (2) years, and until the qualification of their successors; provided,
however, that in all cities and towns when the term of office of the incum-
bent mayor, alderman, police judge or city treasurer will not expire until
the first Monday in May, 1936, a special election must be held on the first
Monday in April, 1936, at which election a successor to such mayor, alder-
man, police judge or city treasurer shall be elected for a term of one (1)
year, and thereafter no election shall be held for the election of city officers,
except every second year.

History: Ap. p. Sec. 4, p. 122, L. 1893; 3224, Bev. 0. 1907; re-on. Sec. 5003, E.
amd. Sec 4748, Pol. 0. 1895; re-en. Sec. 0. M. 1921; amd. Sec 1, Oh. 60, L. 1935.

11.710 ELECTION LAWS

11-710. (5004) QuaMcation of mayor. No person shall be eligible
to the office of mayor unless he shall be at least twenty-five (25) years
old and a taxpaying freeholder within the limits of the city or town, and
a resident of the state for at least three years, and a resident of the city
or town or an area which has been annexed by the city or town for which
he may be elected mayor two years next preceding his election to said
office, and shall reside in the city or town for which he shall be elected
mayor during his term of office.

History: En. Sec. 8, p. 65, Ex. L. 1887; 3225, E«v. 0. 1907; re-«n. Sec. 6004, E. 0.
amd. Sec. 4749, Pol. C. 1895; re-en. Sec. M. 1921; amd. Sec. 1, Oil. 76, L. 1961.

11-711. (5005) Terms of aldermen — how decided. At the first annual

election held after the organization of a city or town under this title, the

electors of such city or town must elect two aldermen from each ward, who

must, at the first meeting of the council, decide by lot their terms of office,

one from each ward to hold for a term of two years, and one for the term of

one year, and until the qualification of their successors.

mstory: En. Sec. 4750, Pol. C. 1896;
re-en. Sec. 3226, Bev. C. 1907; re-en. Sec.
6006, B. C. M. 1921.

11-712. (5006) Terms of ofllce — when to begin. The terms of all

officers elected at a municipal election are to commence on the first Monday

in May after such election.

History: En. Sec. 4761, Pol. C. 1896;
re-en. Sec. 3227, Eev. 0. 1907; re-en. Sec.
6006, B. 0. M. 1921.

11-713. (5007) Who eligfible. No person is eligible to any municipal
office, elective or appointive, who is not a citizen of the United States, and
who has not resided in the town or city or an area which has been annexed
by such town or city for at least two years immediately preceding his
election or appointment, and is not a qualified elector thereof.

History: En. Sec. 365, 6th Div. Oomp. 5007, B. 0. M. 1921; amd. Sec. 2, Oh. 76,
Stat. 1887; amd. Sec. 4752, Pol. 0. 1896; j,. 196I.
re-en. Sec. 3228, Bey. 0. 1907; re-en. Sec.

11-714. (5008) Qualification of aldermen. No person shall be eligible
to the office of alderman unless he shall be a taxpaying freeholder within
the limits of a city, and a resident of the ward so electing him, or a resi-
dent of an area which has been annexed by the city or town and placed
in a ward, for at least sixty (60) days preceding such election.

History: En, Sec. 366, 6th Div. Comp. 6008, B. C. M. 1921; amd. Sec 3, Oh, 76,
Stat. 1887; amd. Sec. 4763, Pol. 0. 1896; L. 1961; amd. Sec. 1, Ch. 144, L. 1967.
re-en. Sec. 3229, Eev. 0. 1907; re-en. Sec.

11-716. (5009) Registration of electors. The council must provide by
ordinance for the registration of electors in any city or town, and may pro-
hibit any person from voting at any election unless he has been registered :
but such ordinance must not be in conflict with the general law providing
for the registration of electors, and must not change the qualifications of
electors except as in this title provided. However, when an area is annexed
by a city or town after the date for registration has expired, opportunity

CITIES AND TOWNS 11-717

must be provided for residents of such area to register, if otherwise qualified,

for all future elections.

History: En. Sec. 4754, Pol. O. 1895; 5009, R. 0. M. 1921; amd. 8^. 4, Oil. 76,
re-«n. 8«c. 3230, Bav. C. 1907; re-en. Sec. L. 1961.

11-716. (5010) QuaJiflcationa of electors. All qualified electors of the
state who have resided in the city or town or an area which has been an-
nexed by such city or town for six months and in the ward or an area
which has been annexed and placed in a ward for thirty days next preced-
ing the election are entitled to vote at any municipal election, including
elections involving or held under the commission form of government,
commission-manager plan or other form of municipal government.

History: En. Sec. 4755, Pol. 0. 1895; 5010, B. C. M. 1921; amd. Sec. 5, Oil. 76,
re-en. Sec. 3231, Rev. 0. 1907; re-en. Sec. L. 1961.

11-717. (5011) Election judges and clerks — voting places. The coun-
cil or other governing body must appoint judges and clerks of election, and
places of voting. Where the city or town is divided into wards there must
be at least one (1) voting place in each ward and there may be as many
more as the council or other governing body shall fix, and the elector must
vote in the ward in which he resides. In cities and towns divided into
wards the election precincts must correspond with the wards, but a ward
may be subdivided into several voting precincts, and when so divided the
elector shall vote in the precinct in which he resides. In cities and towns
operating under the commission, or the commission-manager plan of mu-
nicipal government, where there are no wards for election purposes and the
officers of the city or town are elected at large, the election precincts shall
correspond with the election precincts in such city or town as fixed by the
board of county commissioners for state and county elections, but such
precincts may be by the city commission divided into as many voting
precincts, to facilitate the voting and counting of the vote, as the city
commission shall by ordinance provide, and the elector shall vote in the
voting precinct so designated, in which he resides. For all municipal elec-
tions the city council or other governing body may appoint a second or ad-
ditional board of election judges for any voting precinct in which there
were cast three hundred and fifty (350) or more votes in the last general
city election or in which council or other governing body believes as many
as three hundred and fifty (350) ballots will be cast in the next general city
election, and such additional board of election judges shall have the same
powers and duties, and under the same conditions, as the second or addi-
tional board of election judges for general elections appointed by boards of
county commissioners under the provisions of section 23-601. Provided
that in municipal corporations of less than one thousand five hundred
(1,500) population, as determined by the last official census, the council or
other governing body may by ordinance provide that there shall be but
one polling or voting place for municipal elections, notwithstanding the
number of wards or precincts in the municipality otherwise provided for.
All municipal elections must be conducted in accordance with the general
laws of the state of Montana relating to such election.

11-718 ELECTION LAWS

History: En. Sec. 1, Oh. 187, L. 1907; 1921; amd. Sec. 1, Ch. 19, L. 1969; amd.
Sec. 3232, Bev. C. 1907; amd. Sec. 1, Ch. Sec. 1, CSi. 86, L. 1941; amd. Sec. 1, Oil.
69, L. 1909; re-en. Sec. 5011, R. 0. M. 124, L. 1947; amd. Sec. 1, Ob. 14, L. 1956.

11-718. (5012) Canvass — when and how made. On the Monday follow-
ing any election, the council must convene and publicly canvass the result,
and issue certificates of election to each person elected by a plurality of
votes. When two or more persons have received an equal and highest
number of votes for any one of the offices voted for, the council must there-
after, at its first regular meeting, decide by vote between the parties which
is elected. If the council from any cause fails to meet on the day named,
the mayor must call a special meeting of the council within five days there-
after, and, in addition to the notice provided for calling special meetings,
must publish the same on two successive days in some newspaper published
in such city or town. If the mayor fails to call said meeting within said
five days, any three councilmen may call it. At such special meeting all
elections, appointments, or other business may be transacted that could
have been on the day first herein named.

History: En. Sec. 4757, PoL 0. 1895;
re-en. Sec. 3233, Bev. 0. 1907; re-en. Sec.
5012, B. 0. M. 1921.

11-719. (5013) Oath and bonds — vacancy. Each officer of a city or
town must take the oath of office, and such as may be required to give bonds,
file the same, duly approved, within ten days after receiving notice of his
election or appointment ; or, if no notice be received, then on or before the
date fixed for the assumption by him of the duties of the office to which he
may have been elected or appointed, but if any one, either elected or ap-
pointed to office, fails for ten days to qualify as required by law, or enter
upon his duties at the time fixed by law, then such office becomes vacant ;
or if any officer absents himself from the city or town continuously for ten
days without the consent of the council, or openly neglects or refuses to dis-
charge his duties, such office may be by the council declared vacant; or if
any officer removes from the city or town, or any alderman from his ward,
such office must be by the council declared vacant.

History: En. Sec 4758, PoL O. 1895;
re-en. Sec. 3234, Bev. 0. 1907; re-en. Sec.

6013, B 0. M. 1921.

11-720. (5014) When duties of office begin. The officers elected enter

upon their duties the first Monday of May succeeding their election, and

officers appointed by the mayor, with the advice and consent of the council,

within ten days after receiving notice of their appointment.

History: En. Sec. 4759, Pol. C. 1896; re-
en. Sec. 3236, Bev. 0. 1907; re-en. Sec.

6014, B. 0. M. 1921.

11-721. (5015) Vacancies — ^how filled — removal of officer. When any
vacancy occurs in any elective office, the council, by a majority vote of the
members, may fill the same for the unexpired term, and until the qualifica-

CITIES AND TOWNS 11-966

tion of the successor. A vacancy in the office of alderman must be filled

from the ward in which the vacancy exists, but if the council shall fail to

fill such vacancy before the time for the next election, the qualified electors

of such city or ward may nominate and elect a successor to such oflBce. The

council, upon written charges, to be entered upon their journal, after notice

to the party and after trial by the council, by vote of two-thirds of all the

members elect, may remove any officer.

History: En. Sec. 1, Oh. 72, L. 1903;
r»-en. Sec. 3238, Bev. O. 1907; re-«n. Sec.
6016, B. O. M. 1921.

CHAPTER 9
POWERS OF CITY AND TOWN COUNCILS

Section 11-964. Disposal or lease of city property — approval of electors, when required.

11-966. Purposes for which indebtedness may be incurred — limitation — addi-
tional indebtedness for sewer or water system — procuring water sup-
ply and system — jurisdiction of public works appurtenances.

11-988. Power of cities and towns to acquire natural gas and distributing sys-
tem therefor.

11-964. (5039.61) Disposal or lease of city property — approval of elec-
tors, when required. The city or town council has power; to sell, dispose of,
or lease any property belonging to a city or town, provided, however, that
such lease or transfer be made by ordinance or resolution passed by a two-
thirds vote of all the members of the council ; and provided further that if
such property be held in trust for a specific purpose such sale or lease there-
of be approved by a majority vote of taxpayers of such municipality cast
at an election called for that purpose ; and provided further that nothing
herein contained shall be construed to abrogate the power of the board of
park commissioners to lease all lands owned by the city heretofore acquired
for parks within the limitations prescribed by subdivision 5 of section
62-204.

History: En. Subd. 62, Sec. 5039, B. C. amd. Sec 1, Ch. 20, L. 1927; amd. Sec.
M. 1921; amd. Sec. 1, Oh. 115, L. 1925; 1, Ch. 35, L. 1937.

11-966. (5039.63) Purposes for which indebtedness may be incurred—
limitation — additional indebtedness for sewer or water system — procuring
water supply and system — jurisdiction of public works appurtenances.

The city or town council has power: (1) To contract an indebtedness on
behalf of a city or town, upon the credit thereof, by borrowing money
or issuing bonds for the following purposes, to-wit: Erection of public
buildings, construction of sewers, sewage treatment and disposal plants,
bridges, docks, wharves, breakwaters, piers, jetties, moles, waterworks,
reservoirs and reservoir sites, lighting plants, supplying the city or town
with water by contract, the purchase of fire apparatus, street and other
equipment, the construction or purchase of canals or ditches and water
rights for supplying the city or town with water, building, purchasing,
constructing and maintaining devices intended to protect the safety of
the public from open ditches carrying irrigation or other water, to acquire,
open and/or widen any street and to improve the same by constructing,

11-966 ELECTION LAWS

reconstructing and repairing pavement, gutters, curbs and vehicle park-
ing strips and to pay all or any portion of the cost thereof, and the funding
of outstanding warrants and maturing bonds; provided, that the total
amount of indebtedness authorized to be contracted in any form, including
the then existing indebtedness, must not, at any time, exceed five per
centum (5%) of the total value of the taxable property of the city or
town, as ascertained by the last assessment for state and county taxes,
said words "value of the taxable property" being used herein in the
same sense as in section 6 of article XIII of the constitution; provided,
that no money must be borrowed on bonds issued for the construction,
purchase, or securing of a water plant, water system, water supply, sewage
treatment and disposal plant, or sewerage system, until the proposition
has been submitted to the vote of the taxpayers affected thereby of the
city or town, and the majority vote cast in favor thereof; and, further
provided, that an additional indebtedness shall be incurred, when neces-
sary, to construct a sewerage system or procure a water supply for the
said city or town, which shall own or control said water supply and
devote the revenue derived therefrom to the payment of the debt.

(2) The additional indebtedness authorized, including all indebtedness
theretofore contracted, which is unpaid or outstanding, for the construction
of a sewerage system, or for the procurement of a water supply, or for
both such purposes, shall not exceed in the aggregate ten per centum (10%)
over and above the five per centum (5%) heretofore referred to, of the total
valuation of the taxable property of the city or town as ascertained by the
last assessment for state and county taxes ; and, provided further, that the
above limit of five per centum (5%) shall not be extended, unless the ques-
tion shall have been submitted to a vote of the taxpayers affected thereby,
and carried in the affirmative by a vote of the majority of said taxpayers
who vote upon such question.

(3) It is further provided, that whenever a franchise has been granted
to, or a contract made with, any person or persons, corporation or corpora-
tions, and such person or persons, corporation or corporations, in pursuance
thereof, or otherwise, have established or maintained a system of water
supply, or have valuable water rights or a supply of water desired by the
city or town for supplying the said city or town with water, the city or
town granting such franchise or entering in such contract or desiring
such water supply, shall, by the passage of an ordinance, give notice to
such person or persons, corporation or corporations, that it desires to
purchase the plant and franchise and water supply of such person or
persons, corporation or corporations, and it shall have the right to so
purchase the said plant or water supply, upon such terms as the parties
agree ; in case they cannot agree, then the city or town shall proceed
to acquire the same under the laws relating to the taking of private
property for public use, and any city or town acquiring property under
the laws relating to the taking of private property for public use, shall
make payment to the owner or owners of the plant or water supply of the
value thereof legally determined, within six (6) months from and after final
judgment is entered in the condemnation proceedings. For the purpose of

CITIES AND TOWNS 11-988

providing the city or town with an adequate water supply for municipal and
domestic purposes, the city or town council shall procure and appropriate
water rights and title to the same, and the necessary real and personal prop-
erty to make said rights and supply available, by purchase, appropriation,
location, condemnation, or otherwise.

(4) Cities and towns shall have jurisdiction and control over the ter-
ritory occupied by their public works, and over and along the line of
reservoirs, streams, trenches, pipes, drains, and other appurtenances used
in the construction and operation of such works, and also over the source of
stream for which water is taken, for the enforcement of its sanitary ordi-
nances, the abatement of nuisances, and the general preservation of the
purity of its water supply, with power to enact all ordinances and regula-
tions necessary to carry the powers hereby conferred into effect. For this
purpose the city or town shall be authorized to condemn private property
in the manner provided by law, and shall have authority to levy a just and
equitable tax on all consumers of water for the purpose of defraying the
expenses of its procurement.

History: En. Subd. 64, Sec. 5039, E. C. 1953; amd. Sec. 1, Ch. 34, L. 1955; amd.

M. 1921; amd. Sec. 1, Ch. 115, L. 1925; Sec. 1, Ch. 38, L. 1969; amd. Sec. 1, Ch.

amd. Sec. 1, Ch. 20, L. 1927; amd. Sec. 1, 158, L. 1963. See also history of Sec.

Ch. 35, L. 1947; amd. Sec. 1, Ch. 152, L. 11-901.

11-988. (5039.85) Power of cities and towns to acquire natural gas and
distributing system therefor. The city or town council has power to con-
tract an indebtedness of a city or town upon the credit thereof by borrow-
ing money or issuing bonds for the construction, purchase or development of
an adequate supply of natural gas, and to construct or purchase a system of
gas lines for the distribution thereof to the inhabitants of said city or town
or vicinity; provided, that the total amount of indebtedness authorized to be
contracted in any form, including the then existing indebtedness must not
at any time exceed three per centum (3%) of the total assessed valuation
of the taxable property of the city or town as ascertained by the last assess-
ment for state and county taxes, and provided further, that no money must
be borrowed or bonds issued for the purposes herein specified until the
proposition has been submitted to the vote of the taxpayers affected thereby
of the city or town, and the majority vote cast in favor thereof.
History: En. Sec. 1, Ch. 128, L. 1927.

CHAPTER 10
POWERS OF CITY AND TOWN COUNCILS (continued)

Section 11-1008. Public baths.

11-1015. Parking meters in cities or towns of 2,500 population or less.

11-1016. Referendum on parking meters required before ordinance.

11-1017. Existing meters and ordinances unaffected.

11-1019. Operation of bus lines — contracting indebtedness.

11-1020. Operation subject to Motor Carrier Act — exception.

11-1021. Contracts or lease arrangements with independent carriers of pas-
sengers— when authorized — levy of tax.

11-1022. Bids for service — operation of carriers.

11-1008 ELECTION LAWS

11-1008. (5045) Public baths. All cities or towns incorporated under
the laws of the state of Montana, in addition to other powers conferred upon
them, are hereby empowered and authorized to establish and maintain a
public bathing place within said city or town, and to defray the cost and
expense of maintaining said public bathing place, said city or town is hereby
authorized and empowered to contract an indebtedness, upon behalf of said
city or town, upon the credit thereof, by borrowing money or issuing bonds ;
provided, that no money may be borrowed, and no bonds may be issued for
said purpose, until the proposition has been submitted to the vote of the tax-
payers affected thereby of the city or town, and a majority vote be cast
therefor.

History: En. Sec. 1, Oh. 12, L. 1906;
re-en. Sec. 3294, Eev. C. 1907; re-en. Sec.
6045, B. C. M. 1921.

11-1015. Parking meters in cities or towns of 2,500 population or leas.

Any city or town council of any incorporated city or town of twenty-five
hundred (2500) population or less is hereby empowered to enact an ordi-
nance or ordinances:

(a) To purchase, rent, lease or otherwise acquire coin operating park-
ing meters, or other devices, or instruments used for the purpose of measur-
ing the duration of time an automobile or other vehicle is parked.

(hj To install, maintain and operate said meters, devices or instruments
at or near any public street, highway, avenue or other public place within
the corporate limits of .such city or town.

(c) To provide for such regulations as necessary to govern the use of
its public streets, highways, avenues or other public places for the purpose
of parking automobiles or other vehicles, and the use of said meters, devices
or instruments in conjunction therewith, including the establishment and
designation of zones or areas where said meters, devices or instruments are

to be used.
History: En. Sec. 1, Ch. 91, L. 1949.

11-1016. Referendum on parking meters required before ordinance.

Provided, however, that no ordinance or ordinances providing for the pur-
chasing, renting, leasing or otherwise acquiring or installing, maintaining,
operating or using such parking meters, devices or instruments shall be
enacted until and unless the question of whether or not such ordinance
or ordinances shall be enacted has been submitted to the qualified electors
of such city or town at a general election or special election called for that
purpose, and unless at such election a majority of the votes cast for and
against the question shall have been in favor of the enacting of said ordi-
nance or ordinances.
History: En. Sec. 2, Ch. 91, L. 1949.

11-1017. Existing meters and ordinances unaffected. Nothing herein
contained shall affect the validity of any ordinance relating to parking
meters or similar devices or instruments heretofore adopted by any city or
town, or any extension thereof hereafter made.
History: En. Sec. 3, Oh. 91, L. 1949.

CITIES AND TOWNS 11-1021

11-1019. Operation of bus lines — contracting indebtedness. Whenever
a city or town is not being served by a bus company or operator, operating
on a regular schedule, and under the jurisdiction of the Montana railroad
and public service commission or if such service is to be or is likely to be
discontinued in the immediate future, the city or town council of any
incorporated city or town shall have the power to contract an indebtedness
of any such city or town upon the credit thereof by borrowing money or
issuing bonds for the purchase, development, operation or leasing of -motor
buses and bus lines for the transportation of passengers within the corpo-
rate limits of such cities and towns, and to operate the same to any point
or points beyond said limits not to exceed eight (8) miles, measured along
the route of said bus line ; provided that the total amount of indebtedness
authorized to be contracted in any form, including the then existing in-
debtedness must not at any time exceed five per centum (5%) of the total
assessed valuation of the taxable property of the city or town as ascer-
tained by the last assessment for state and county taxes, and provided
further, that no money must be borrowed or bonds issued for the purposes
herein specified until the proposition has been submitted to the vote of
the taxpayers affected thereby of the city or town, and the majority vote
cast in favor thereof.

History: En. Sec 1, Oil. 101, L. 1951;
amd. Sec 1, Oh. 211, L. 1955; amd. Sec. 1,
Oh. 120, L. 1957.

11-1020. Operation subject to Motor Carrier Act — exception. The said

city or town council or commission shall have authority to provide for the

management and operation of said system ; and to do all the things necessary

for the successful operation of said transportation system. Such operations

shall be subject to all the provisions of the Motor Carrier Act (sections 8-101

to 8-129, Revised Codes of Montana, 1947) except that such mimicipality

may be issued a certificate of public convenience and necessity without

proof of the existence of public convenience and necessity, and except that

the municipality shall be exempt from the payment of fees provided by

sections 8-116 and 8-127, Revised Codes of Montana, 1947.

History: En. Sec. 2, Oh. 101, L. 1951;
amd. Sec. 1, Ch. 211, L. 1955; amd. Sec. 1.
Oh. 120, L. 1957.

11-1021. Contracts or lease arrangements with independent carriers of
passengers — when authorized — levy of tax. Whenever a city or town is
not being served by a bus company or operator, operating on a regular
schedule, and under the jurisdiction of the Montana railroad and public
service commission or if such service is to be, or is likely to be, discontinued
in the immediate future, the city or town council of any incorporated
city or town shall have the power to enter into a contract or contracts, or
to enter into a lease or a lease and operating agreement, with an independ-
ent carrier or independent carriers for the transportation of passengers
by bus within the corporate limits of such city or town and to and from
any point or points beyond said limits not to exceed eight (8) miles
measured along the route of said bus line or lines ; and for the purpose of

11-1022 ELECTION LAWS

raising the necessary moneys to defray the cost of such transportation
service pursuant to such contract or contracts, lease or lease and operating
agreement, with such independent carrier or carriers the city or town
council shall have power to annually levy a tax on the taxable value of
all taxable property within the limitis of such city or town ; provided,
however, that whenever the council of such city or town shall deem it
necessary to raise money by taxation for such purpose in excess of the
levy now allowed by law the council of such city or town shall in the manner
prescribed by law, submit the question of such additional levy to the legal
voters of such city or town who are taxpaying freeholders therein, either
at the regular annual election held in said city or town, or at a special
election called for that purpose by the council of such city or town ; prcr-
vided, however, that such additional levy in excess of the levy now allowed
by law shall not exceed one and one-half (IV2) mills.

History: En. Sec. 3, Ch. 211, L. 1955;
amd. Sec. 1, Ch. 120, L. 1957.

11-1022. Bids for service — operation of caxriers. The said city or town
council shall have power and authority to call for bids from independent
carriers for such transportation service, and to do all things necessary or
proper for establishment and maintenance of such transportation service
by contract, lease or lease and operating agreement.

History: En. Sec. 4, Oh. 211, L. 1966;
amd. Sec. 1, Oil. 120, L. 1967.

CHAPTER 11
ORDINANCES— INITIATIVE AND BETEBENDUM

Section 11-1104. Initiative in cities — petition.

11-1105. Submission of question at regular election.

11-1106. No ordinance to be effective until thirty days after passage.

11-1107. Referendum petition.

11-1108. Beferendum to be had at regular election.

11-1109. Special election may be ordered.

11-1110. Proclamation of election.

11-1111. Ballots and method of voting.

11-1112. Qualifications of voters.

11-1113. Forms of petitions and conduct of proceedings.

11-1114. To what ordinances applicable.

11-1104. (5058) Initiative in cities — petition. (1) Ordinances may be
proposed by the legal voters of any city or town in this state, in the
manner provided in this act. Fifteen per cent (15%) of the legal voters
of any city or town may propose to the city or town council an ordinance
on the subject within the legislative jurisdiction and powers of such city
or town council, or an ordinance amending or repealing any prior ordi-
nance or ordinances. Such petition shall be filed with the city or town
clerk. It shall be the duty of the city or town clerk to present the same
to the council at its first meeting next following the filing of the petition.
The council may, within sixty (60) days after the presentation of the
petition to the council, pass an ordinance similar to that proposed in the
petition, either in exact terms or with such changes, amendments, or

CITIES AND TOWNS 11-1104

modifications as the council may decide upon. If the ordinance proposed
by the petition be passed without chan^'e, it shall not be submitted to the
people, unless a petition for referendum demanding such submission shall
be filed under the provisions of this act.

(2) If the council shall have made any change in the proposed ordi-
nance, a suit may be brought in the district court in and for the county
in which the city or town is situated, to determine whether or not the
change is material. Such suit may be brought in the name of any one or
more of the petitioners. The city shall be made the party defendant. Any
elector of the city or town may appear in such suit in person or by
counsel on the hearing thereof, but the court shall have the power to
limit the number of counsel who shall be heard on either side, and the
time to be allowed for argument. It shall only be necessary to state in
the complaint that a petition for an ordinance was filed in pursuance of
this act; that the city council passed an ordinance on the subject different
from that proposed in the petition; and that the plaintiff desires a con-
struction of the ordinance so passed to determine whether or not it differ
materially from that proposed. The petition and the ordinance proposed
thereby, and the ordinance actually passed, may be set out in the com-
plaint, or copies thereof annexed to the complaint. The names to the
petition need not be set out. Such cases shall be advanced and brought
to hearing as speedily as possible, and have precedence over other cases,
except criminal and taxation cases.

(3) The court shall have jurisdiction in such cases to determine
whether or not the change made by the city council is material, and also
whether the petition was regular in form or substance, and shall also
have power to decide, if the fact be put in issue by the defendant, whether
or not the petition was signed by a sufficient number of voters and was
regular in form. If the court shall decide that the change was material
and that the petition was regular in form and signed by a sufficient
number of legal voters, then the ordinance proposed by the petition shall
be submitted to the people as provided in this act. If the court shall decide
that the ordinance passed by the council was not materially different from
that proposed in the petition, or the petition was not regular in form, or
not signed by a sufficient number of legal voters, the ordinance shall not
be submitted to the people. If the court shall decide that the changes
made by the council were material, but that the petition was irregular for
some reason, or not properly or sufficiently signed, a new petition, regular
in form, may be presented by the required number of legal voters, asking
the council to submit such ordinance to the people, and thereupon the
same shall be so submitted as provided in this act.

(4) If the council shall not, within sixty days, pass an ordinance
on the subject of the ordinance proposed in the petition, then the ordinance
proposed by the petition shall be submitted to the people. Before sub-
mitting such ordinance to the people, the mayor or city or town council
may direct that a suit be brought in the district court in and for the county,
in the name of the city or town, to determine whether the petition and
ordinance are regular in form, and whether the ordinance so proposed

11-1105 ELECTION LAWS

would be valid and constitutional. The complaint shall name as defendants
not less than ten nor more than twenty of the petitioners. In addition to
the names of such defendants, in the caption of the complaint, there shall
be added the words, "and all petitioners whose names appear on the petition

for an ordinance filed on the day of , in the year

," stating the date of filing. The summons shall be similarly

directed and shall be served on the defendants named therein, and in addi-
tion thereto shall be published at least once, at the expense of the city, in
at least one newspaper published in the city or town.

(5) In all suits brought under this section the decision of the district
court shall be final except in cases where it shall decide that the proposed
ordinance would be unconstitutional or invalid as being beyond the powers
of the city or town council, and in such excepted cases the petitioners,
or any of them, may appeal to the supreme court as in other cases, but
shall not be required to give any bond for costs. The decision of the
district court holding such ordinance valid or constitutional shall not,
however, prevent the question being raised subsequently, if the ordinance
shall be passed and go into effect, by anyone affected by the ordinance.
No costs shall be allowed to either side in suits or appeals under this section.

(6) If an ordinance shall be repealed pursuant to a proposal initiated
by the legal voters of a city or town, as in this section provided, the city
or town council may not, within a period of two years thereafter, re-enact
such ordinance or any ordinan-ce so similar thereto as not to be materially
different therefrom. If during such two-year period the council shall enact
an ordinance similar to the one repealed pursuant to initiative of the voters,
a suit may be brought to determine whether such new ordinance be a re-
enactment without material change of the one so repealed, and the pro-
visions of subsections 2 and 3 hereof shall apply to such suit and determina-
tion of the issues arising thereon. Nothing herein contained shall prevent
exercise of the initiative herein provided for, at any time, to procure a re-
enactment of an ordinance repealed pursuant to initiative of the voters.

History: En. Ch. 167, L. 1907; Sec. R. C. M. 1921; amd. Sec, 1, CIl 24, L.

3266, Rev. O. 1907; re-eix. Sec. 6058, 1951; amd. Sec. 1, Ch. 126, L. 1967.

11-1105. (5059) Submission of question at regular election. Any ordi-
nance proposed by petition as aforesaid, which shall be entitled to be sub-
mitted to the people, shall be voted on at the next regular election to be held
in the city or town, unless the petition therefor shall ask that the same be
submitted at a special election, and such petition be signed by not less than
fifteen per cent of the electors qualified to vote at the last preceding munici-
pal election.

History: En. Oh. 167, L. 1907; Sec.

3267, Rev. 0. 1907; re-en. Sec. 5069, R. C.
M. 1921.

11-1106. (5060) No ordinance to be effective until thirty days after
paasage. No ordinance or resolution passed by the council of any city or
town shall become effective until thirty days after its passage, except gen-
eral appropriation ordinances providing for the ordinary and current ei-

CITIES AND TOWNS 11-1110

penses of the city or town, excepting also emergency measures, and in the
case of emergency measures the emergency must be expressed in the pre-
amble or in the body of the measure, and the measure must receive a two-
thirds vote of all the members elected. In emergency ordinances the resolu-
tions shall include only such measures as are immediately necessary for the
preservation of peace, health, and safety, and shall not include a franchise
or license to a corporation or individual, nor any provisions for the sale of
real estate, nor any lease or letting of any property for a period exceeding
one year, nor the purchase or sale of personal property exceeding five thou-
sand dollars in value.

Hlatory: En. C!i. 167, L. 1907; Sec.
3268, Rev. 0. 1907; re-en. Sec. 5060, E. C.
M. 1921.

11-1107. (5061) Referendum petition. During the thirty (30) days

following the passage of any ordinance or resolution, ten per cent (10%)

of the qualified electors of the city or town may, by petition addressed to

the council and filed with the clerk of the city or town, demand that such

ordinance or resolution, or any part or parts thereof, shall be submitted

to the electors of the city or town.

History: En. Ch. 167, L. 1907; re-en.
Sec. 3269, Rev. 0. 1907; re-en. Sec. 5061,
R. C. M. 1921; amd. Sec. 1, Ch. 94, L.
1967.

11-1108. (5062) Beferendmn to be had at r^ftdar election. Any meas-
ure on which a referendum is demanded under the provisions of this act shall
be submitted to the electors of the city or town at the next municipal elec-
tion; provided, the petition or petitions shall have been filed with the city
clerk at least thirty days before such election. If such petition or petitions
be signed by not less than fifteen per cent of the qualified electors of the
city or town, the measure shall be submitted at a special election to be held
for the purpose.

History: En. Ch. 167, I*. 1907; r»-«ii.
Sec. 3270, Rey. C. 1907; re-en. Sec. 5062,
E. O. M. 1921.

11-1109. (5063) Special election may be ordered. The city or town

council may in any case order a special election on a measure proposed by the

initiative, or when a referendum is demanded, or upon any ordinance

passed by the city or town council, and may likewise submit to the electors,

at a general election, any ordinance passed by the city or town council.

History: En. Ch. 167, L. 1907; re-en.
Sec. 3271, Rev. 0. 1907; re-en. Sec. 5063,
R. O. M. 1921.

11-1110. (5064) Proclamation of election. Whenever a measure is
ready for submission to the electors, the clerk of the city or town shall, in
writing, notify the mayor thereof, who, forthwith, shall issue a proclamation
setting forth the measure and the date of the election or vote to be had
thereon. Said proclamation shall be published four days in four consecu-
tive weeks in each daily newspaper in the municipality, if there be such,

11-1111 ELECTION LAWS

otherwise in the weekly newspapers published in the city or town. In case

there is no weekly newspaper published, the proclamation and the measure

shall be posted conspicuously throughout the city or town

History: En. Oh. 167, L. 1907; re-en.
Sec. 3272, Bev. 0. 1907; re-en. Sec. 6064,
B. C. M. 1921.

11-1111. (5065) Ballots and method of voting. The question to be bal-
loted upon by the electors shall be printed on the initiative or referendum
ballot, and the form shall be that prescribed by law for questions submitted
at state elections. The referendum or initiative ballots shall be counted,
canvassed, and returned by the regular board of judges, clerks, and officers,
as votes for candidates for office are counted, canvassed, and returned.
The returns for the questions submitted by the voters of the municipality
shall be on separate sheets, and returned to the clerk of the municipality.
The returns shall be canvassed in the same manner as the returns of regular
elections for municipal officers. The mayor of the municipality shall issue
his proclamation, as soon as the result of the final canvass is known, giving
the whole number of votes cast in the municipality for and against such
measure, and it shall be published in like manner as other proclamations
herein provided for. A measure accepted by the electors shall take effect
five days after the vote is officially announced.

History: En. Sec. 167, L. 1907; re-en.
Sec. 3273, Bev. 0. 1907; re-en. Sec. 5065,
B. C. M. 1921.

11-1112. (5066) Qualifications of voters. The qualifications for voting

on questions submitted to the electors, under the provisions hereof, shall be

the same as those required for voting at municipal elections in the city or

town at elections for mayor or aldermen thereof. And where, by the laws of

the state, or by ordinance of the city or town made in pursuance thereof,

electors are required to register in order to be qualified to vote at municipal

elections, the registration book or books shall be prima facie evidence of

the right to sign any petition herein provided for.

History: En. Oil. 167, L. 1907; re-en.
Sec. 3274, Bev. 0. 1907; re-en. Sec. 5066,
B. 0. M. 1921.

11-1113. (5067) Forms of petitions and conduct of proceedings. The

form of petitions and the proceedings under this act shall conform as nearly

as possible, with the necessary changes as to details, to the provisions of

the laws of the state relating to the initiative and referendum, and be

regulated by such laws, except as otherwise provided in this act. The city

clerk shall perform the duties which, under the state laws, devolve upon

the county clerk and secretary of state, insofar as the provisions relating

thereto may be made to apply to the case of the city or town clerk ; but it

shall not be necessary to mail or distribute copies of the petitions or

measures to the electors of the city or town.

History: En. Oh. 167, L. 1907; re-en.
Sec. S27&, Bev. 0. 1907; re-en. Sec. 6067,
B. O. M. 1921.

CITIES AND TOWNS 11-1202

11-1114. (5068) To what ordinances applicable. The provisions of this
act regarding the referendum shall not apply to ordinances which are re-
quired by any other law of the state to be submitted to the voters or the
electors or taxpayers of any city or town.

History: En. Ch. 167, L. 1907; re-ea.
Sec. 3276, Rev. C. 1907; re-en. Sec. 6068,
B. C. M. 1921.

CHAPTER 12

CONTRACTS AND FRANCHISES

Section 11-1202. Awarding contracts — advertisement — limitations — installments — sales
of supplies— construction of buildings — purchases from government
agencies — exemptions.

11-1206. Franchise, how granted.

11-1207. Grant of franchise must be submitted to tax-paying freeholders.

11-1208. Same — notice of election.

11-1209. When voted, council must pass ordinance.

11-1202. (5070) Awarding- contracts — advertisements — limitations — in-
stallments— sales of supplies — construction of buildings — purchases from
government agencies — exemptions. All contracts for the purchase of any
automobile, truck, or other vehicle or road machinery, or for any other
machinery, apparatus, appliances, or equipment, or for any materials or
supplies of any kind, or for the construction of any building, for which
must be paid a sum exceeding two thousand five hundred dollars ($2,-
500.00), must be let to the lowest responsible bidder after advertisement
for bids ; provided that no contract shall be let extending over a period of
five (5) years or more without first submitting the question to a vote of
the taxpaying electors of said city or town. Such advertisement shall be
made in the official newspaper of the city or town, if there be such official
newspaper, and if not it shall be made in a daily newspaper of general:
circulation published in the city or tOAvn. if there be such, otherAvise by
posting in three (3) of the most public places in the city or town. Such
advertisement if by publication in a newspaper sliall be made once each
week for two consecutive weeks and the second publication shall be made
not less than five (5) days nor more than twelve (12) daj-s before the
consideration of bids. Jf such advertisement is made by posting, fifteen
(15) days must elapse, including the day of posting, between the time of
the posting of such advertisement and the day set for considering bids.
The council may postpone action as to any such contract until the next
regular meeting after bids are received in response to such advertisement,
may reject any and all bids and readvertise as herein provided. The
provisions of this section as to advertisement for bids shall not apply upon
the happening of any emergency caused by fire, fiood, explosion, storm,
earthquake, riot or insurrection, or any other similar emergency, but in
such case the council may proceed in any manner which, in the judgment
of three-fourths (%) of the members of the council present at the meeting,
duly recorded in the minutes of the proceedings of the council by aye

11-1206 ELECTION LAWS

and na}^ vote, will best meet the emergency and serve the public interest.
Such emergency shall be declared and recorded at length in the minutes
of the proceedings of the council at the time the vote thereon is taken
and recorded.

When the amount to be paid under any such contract shall exceed
two thousand five hundred dollars ($2,500.00) the council may provide for
the payment of such an amount in installments extending over a period
of not more than five (5) years; provided that when such amount is ex-
tended over a term of two (2) years at least forty per centum (407c)
thereof shall be paid the first year and the remainder the second year,
and when such amount is extended over a term of three (3) years, at least
one-third (1/3) thereof shall be paid each year, and if such amount is
extended over a term of four (4) years, at least one-fourth (1/4) is to be
paid each year, and if such amount is extended over a term of five (5)
years, at least one-fifth (1/5) is to be paid each year; provided that at the
time of entering into such contract, there shall be an unexpended balance
of appropriation in the budget for the then current fiscal year available
and sufficient to meet and take care of such portion of the contract price
as is payable during the then current fiscal year, and the budget for each
following year, in which any portion of such purchase price is to be paid,
shall contain an appropriation for the purpose of paying the same.

Old supplies or equipment may be sold by the city or town to the
highest responsible bidder, after calling for bid purchasers as herein set
forth for bid sellers, and such city or town may trade in supplies or old
equipment on new supplies or equipment at such bid price as will result
in the lowest net price.

Also a city or town may, without bid, Avhen there are sufficient funds
in the budget for supplies or equipment, purchase such supplies or equip-
ment from government agencies available to cities or towns when the same
can be purchased by such city or town at a substantial saving to such city
or town.

All necessary contracts for professional, technical, engineering and

legal services are excluded from the provisions of this act.

History: En. Sec. 1, Ch. 48, L. 1907; 153, L. 1947; amd. Sec. 1, Ch. 139, L.

Sec. 3278, Rev. C. 1907; re-en. Sec, 5070, 1949; amd. Sec. 1, Ch. 220, L. 1959; amd.

R. C. M. 1921; amd. Sec. 1, Ch. 22, L. Sec. 1, Ch. 26, L. 1963; amd. Sec. 1, Ch.

1927; amd. Sec. 1, Ch. 18, L. 1939; amd. 121, L. 1969.
Sec. 1, Ch. 59, L. 1941; amd. Sec. 1, Ch.

11-1206. (5074) Franchise, how granted. The council must not grant
a franchise or special privilege to any person save and except in the manner
specified in the next section. The powers of the council are those only ex-
pressly prescribed by law and those necessarily incident thereto.

History: En. Sec. 4813, Pol. C. 1896; Ch. 29, L. 1921; re-on. Sec. 5074, R. C. M.
re-en. Sec. 3290, Eev. 0. 1907; amd. Sec. 1, 192L

11-1207. (5075) Grant of franchise must be submitted to tajc-paying
freeholders. No franchise for any purpose whatsoever shall be granted by

CITIES AND TOWNS 11-1703

any city or town, or by the mayor or city council thereof, to any person or

persons, association, or corporation, without first submitting the application

therefor to the resident freeholders whose names shall appear on the city

or county tax-roll preceding such election^

History : En. Sec. 1, Ch. 86, L. 1903; 5076, E. 0. M. 1921.
re-«n. Sec. 32dl, Eev. O. 1907; re-en. Sec.

11-1208. (5076) Same — ^notice of election. A notice of such election
must be published at least in one daily newspaper, if there be one published
in the city or town, and if not, in some weekly newspaper of general circula-
tion, at least once a week for three successive weeks, and such notice must
be posted in three public places in the city or town. The notice must state
the time and place of holding the election, and the character of any such
franchise applied for, and the valuable consideration, if any there be, to be
derived by the city. At such election the ballots must contain the words,
"For granting franchise," "Against granting franchise," and in voting,
the elector must make a cross thus, "X," opposite the answer he intends to
vote for. Such election must be conducted and canvassed and the return
made in the same manner as other city or town elections.

History: En. Sec 2, Ch. 86, L, 1903;
re-en. Sec. 3292, Rev. C. 1907; re-en. Sec.
6076, K. C. M. 1921.

11-1209. (5077) When voted, council must pass ordinance. If the

majority of the votes cast at the election be "For granting franchise," the

mayor and city council must thereupon grant the same by the passage and

approval of a proper ordinance.

History: En. Sec. 3, Ch. 85, L. 1903;
re-en. Sec. 3293 Eev. C. 1907; re-en. Sec.
5077, E. C. M. 1921.

CHAPTER 17

MUNICIPAL COURTS

Section 11-1703. Election of judges — tenn of office.

11-1703. (5094.3) Election of judges— term of office. There shall be
elected at the general city election in the year 1936 in all cities with a popu-
lation of twenty thousand (20,000) and over, one judge of municipal court.
The term of such judge so elected shall commence on the first Monday in
May, 1936, and terminate on the first Monday in May, 1938. Thereafter,
judges of municipal courts shall be elected at the general city elections in
all even numbered years. Such judges shall hold office for the term of
two years from the first Monday of May in the year in which they are
elected and until their successor is elected and qualified. All elections of
municipal judges shall be under and governed by the laws applicable to
the election of city officials, except that the names of candidates for munici-
pal judge shall be placed on the ballot to be used at such election without
aiiy party designation or any statement, measure or principal which the
candidate advocates or any slogan after his name.
History: En. Sec. 3, Ch. 177, L. 1936.

11-2010 ELECTION LAWS

CHAPTER 20

FIBE PBOTECTION IN UNINCORPOEATED TOWNS— FIRE WARDENS

COMPANIES AND DISTRICTS '

Section 11-2010. Trustees of fire districts — mutual aid agreements.

11-2010. (5149) Trustees of fire districts — ^mutual aid agreements.

(a) Whenever the board of county commissioners shall have established
a fire district in any unincorporated territory, town or village, said com-
missioners may contract with a city, town or private fire company to
furnish fire protection for property within said district, or shall appoint
five qualified trustees to govern and manage the affairs of the fire district,
who shall hold office until their successors are elected and qualified, as
hereinafter provided. Qualifications of electors and trustees, terms of office,
vacancies, manner and date of elections, shall, as far as possible, be the
same as provided in the school election laws for school districts of the
second class; except, that only electors who are taxpayers affected by the
special fire district levies may vote at such elections, and be qualified to
serve as trustees; and except, also, there need be no special registration
of electors.

(b) Power of trustee. The trustees shall organize by choosing a chair-
man, and appointing one member to act as secretary. They shall prepare
and adopt suitable by-laws; appoint and form fire companies that shall
have the same duties, exemptions, and privileges as other fire companies.
The trustees shall have the authority to provide adequate and standard
fire-fighting apparatus, equipment, housing and facilities for the protection
of the district; and shall prepare annual budgets and request special levies
therefor. The budget laws relating to county budgets, shall, as far as
applicable, apply to fire districts.

(c) The trustees of such fire district may contract with the council
of any city or town, or with the trustees of any other fire district
established in any unincorporated territory, toAvn or village, lying within
five (5) miles of the farthest limits of the district, whether such city
or town or other fire district shall lie within the same county or another
county, for the extension of fire protection service by such city or town,
or by such other fire district, to property included within the district,
and may agree to pay a reasonable consideration therefor, provided, that
the owners of ten per cent (10%) of the taxable value of the property in
any fire district may elect to make a contract with the city fire department
for fire protection, or to be included in the fire district protection fa-
cilities. Likewise, the trustees may contract to permit the fire district
equipment and facilities to be used by or for such cities or towns lying
within the district, or by such cities, towns, or other fire districts lying
within five (5) miles of the farthest limits of the district. Likewise, the
trustees may enter into contracts with public or private parties under
which the district fire company may extend fire protection to public or
private property lying more than one (1) mile outside of the district or
any other district or city limits, but Avithin five (5) miles of the farthest

CITIES AND TOWNS 11-2010

limits of the district, vvlietlior such puhlic or private property shall lie
within the same comity or aiiotlier county; and the distri(;t fire company'
may use the fire district equi})iuent and facilities outside of the district in
the performance of such contracts. All moneys received from such con-
tracts shall be deposited in the county treasurer's office and credited to the
fire district fund holding such contracts.

(d) A mutual aid agreement is an agreement for protection against
natural or man-made disasters. Fire district trustees maj' enter such
agreements with the proper authority of

(1) other fire districts

(2) unincorporated municipalities

(3) incorporated municipalities

(4) state agencies which have fire prevention services

(5) private fire prevention agencies

(6) federal agencies.

History: En. Sec. 1, Ch. 107, L. 1911; Sec. 2, Ch. 75, L. 1953; amd. Sec. 2, Ch.

amd. Sec. 1, Ch. 19, L. 1921; re-en. Sec. 77, L. 1959; amd. Sec. 1, Ch. 2, L. 1965;

5149, R. C. M. 1921; amd. Sec. 1, Ch. 130, amd. Sec. 1, Ch. 333, L, 1969.
L. 1925; amd. Sec. 3, Ch. 97, L. 1947; amd.

11-2217 ELECTION LAWS

CHAPTER 22
SPECIAL IMPROVEMENT DISTRICTS

Section 11-2217. Cities and towns may establish sewage treatment and disposal plants
and systems and water supply and distribution systems.

11-2218. May issue revenue bonds — sinking fund — refunding revenue bonds.

11-2271. Loans from revolving fund for paying improvement district warrants
— authorization by electors.

11-2275. Creation and maintenance of fund.

11-2276. Issuance of bonds — submission to electors.

11-2217. Cities and towns may establish sewag-e treatment and disposal
plants and systems and water supply and distribution systems. Any city
or town may when authorized so to do by a majority vote of the qualified
electors voting on the question establish, build, construct, reconstruct
and/or extend a storm and/or sanitary sewerage system and/or a plant or
plants for treatment or disposal of sewage therefrom, or a water supply
and/or distribution system, or any combinations of such systems, and may
operate and maintain such facilities for public use, and in addition to all
other powers granted to it, such municipality shall have authority, by
ordinance dul}' adopted by the governing body to charge just and equitable
rates, charges or rentals for the services and benefits directly or indirectly
furnished thereby. Such rates, charges or rentals shall be as nearly as
possible equitable in proportion to the services and benefits rendered, and
sewer charges may take into consideration the quantity of sewage produced
and its concentration and water pollution qualities in general and the cost
of disposal of sewage and storm waters. The sewer charges may be fixed
on the basis of water consumption or any other equitable basis the govern-
ing body may deem appropriate and, if the governing body determines that
the sewage treatment and/or storm water disposal prevents pollution of
sources of water supply, may be established as a surcharge on the water
bills of water consumers or on am' other equitable basis of measuring the
use and benefits of such facilities and services. In the event of nonpayment
of charges for either water or sewer service and benefits to any premises,
the governing body may direct the supply of water to such premises to be
discontinued until such charges are paid.

In this act "qualified electors" shall mean registered electors of the
municipality whose names appear upon the last preceding assessment roll
for state and county taxes as taxpayers upon property within the munici-
pality. The question of building, constructing, reconstructing or extending
the system, plant or plants and the question of issuing and selling revenue
bonds for such purpose may be submitted as a single proposition or as
separate propositions. Any election under this act may be called by a
resolution of the governing body which it may adopt without being pre-
viously petitioned to do so.

History: En. Sec. 1, Oh. 149, L. 1»43;
amd. B«c. 1, Oh. 100, L. 1947; amd. Sec. 1,
Oh. 98, L. 1966.

11-2218. May issue revenue bonds — sinking fund — refunding revenue
bonds. (1) Any such municipality may issue and sell negotiable revenue

CITIES AND TOWNS 11-2218

bonds for the construction of any such water or sewer system or combined
water and sewer system when authorized so to do by a majority vote of
the qualified electors voting on the question at an election called by the
city council or other governing body of the municipality for that purpose,
and noticed and conducted in accordance with the provisions of sections
11-2308 to 11-2310, inclusive ; which bonds shall bear interest at a rate or
rates and shall be sold at a price resulting in an average net interest cost,
computed to the stated bond maturity dates, of not more than six per cent
(6%) per annum and all bonds shall mature within forty (40) years from
date of bonds, and may be registered as to ownership of principal only with
the treasurer of said municipality, if so directed by the governing body. No
bonds shall be sold for less than par, and each of said bonds shall state
plainly on its face that it is payable only from a sinking fund, naming said
fund and the ordinance and resolution creating it, and that it does not
create an indebtedness within the meaning of any charter, statutory or
constitutional limitation upon the incurring of indebtedness.

(2) Prior to the issuance of said bonds the city council or other
governing body of such municipality shall adopt an ordinance or resolu-
tion authorizing the issuance and sale of said bonds, and must create a
sinking fund for the payment of the bonds and the interest thereon and
charges of the fiscal agency for making payment of the bonds and interest
thereon.

(3) At or before the issuance and sale of any such bonds, the govern-
ing body shall, by resolution or ordinance, set aside to such sinking fund
and pledge to the payment of the bonds and the interest thereon the net
income and revenues of the system, including all additions thereto and
replacements and improvements thereof subsequently constructed or ac-
quired, up to an amount sufficient to provide for the payment of the prin-
cipal and the interest on the bonds as such principal and interest shall
become due and payable, and to accumulate and maintain reserves securing
such payments in such amount as shall be deemed by the governing body
to be necessary and expedient.

(4) The said net income and revenues above-mentioned shall be
construed to mean all the gross income from said system less normal,
reasonable and current expenses of operation and maintenance thereof.

(5) Said payments above-mentioned shall constitute a first and prior
charge and lien on the entire net income and revenues derived from the
operation of said system, provided that the governing body shall have
power from time to time to establish the relative priority of the liens of
successive issues of bonds upon said net income and revenues, subject
to any restrictions contained in the ordinances or resolutions authorizing
bonds of prior issues.

(6) Any such municipality, by ordinance or resolution adopted by
its governing body, and without an election, may issue and sell negotiable
revenue bonds in the manner provided in this section, to refund bonds
previously issued for any of the foregoing purposes, whether issued under
authority of this section or any other applicable law. Refunding bonds
may, with the consent of the holders of the bonds to be refunded thereby,

11-2218 ELECTION LAWS

be exchanged at par plus accrued interest for all or part of such bonds, or
may be sold at a price not less than par plus accrued interest, but nothing
herein shall require the holder of any outstanding bond to accept pay-
ment thereof or the delivery of a refunding bond in exchange therefor,
except in accordance with the terms of such outstanding bond. Bonds
may be issued to refund interest as well as principal actually due and
payable if the revenues pledged therefor are not suflBcient, but not to re-
fund any principal or interest due which can be paid from revenues then
on hand.

(7) Any municipality having issued bonds payable from net revenues
of its water and sewer system or combined water and sewer systems,
whether under authority of this section or otherwise, may issue additional
bonds after authorization by the qualified electors in the manner herein-
above provided, to finance the reconstruction and improvement of such
system and the construction of additions thereto, and may provide that
such additional bonds shall be payable from said net revenues on a parity
with the outstanding bonds of such previous issues, subject to any re-
strictions upon such issuance which may be imposed by the resolutions
or ordinances authorizing said outstanding bonds; or the governing body
may provide for the issuance of refunding bonds, without an election, to
retire such outstanding bonds and may, if desired, combine such refund-
ing i.ssue with the issue authorized by the electors for reconstruction,
improvements and additions, or may include the amount required for such
refunding in the amount of such additional issue when submitted to the
electors.

(8) Refunding bonds may bear interest at a rate lower or higher than
the bonds refunded thereby, if they are issued to refund matured prin-
cipal or interest for the payment of which revenues on hand are not
suflficient, or if the refunding bonds are combined with an issue of new
bonds for reconstruction, improvements and additions and the lien of such
new bonds upon the revenues of the system or systems must be junior
and subordinate to the lien of the outstanding bonds refunded, under the
terms of the ordinances or resolutions authorizing the outstanding bonds,
as applied to circumstances existing on the date of refunding. Except as
authorized in the preceding sentence, refunding bonds shall not be issued
unless their average annual interest rate, computed to their stated ma-
turity dates and excluding any premium from such computation, is at least
three-eighths of one per cent (3/8 of 1%) less than the average annual
interest rate on the bonds refunded thereby, computed to their respective
stated maturity dates.

(9) In any case where refunding bonds are issued and sold six (6)
months or more before the earliest date on which all bonds refunded
thereby mature or are prepayable in accordance with their terms, the
proceeds of the refunding bonds, including any premium and accrued
interest, shall be deposited in escrow with a suitable bank or trust cuui-
pany, having its principal place of business within or without the state,
which is a member of the Federal Reserve System and has a combined
capital and surplus not less than one million dollars ($1,000,000), and

CITIES AND TOWNS 11-2271

shall be invested in such amount and in securities maturing on such dates
and bearing interest at such rates as shall be required to provide funds
sufficient to pay when due the interest to accrue on each bond refunded
to its maturity or, if it is prepayable, to the earliest prior date upon which
such bond may be called for redemption, and to pay and redeem the prin-
cipal amount of each such bond at maturity, or, if prepayable, at its
earliest redemption date, and any premium required for redemption on
such date ; and the resolution or ordinance authorizing the refunding
bonds shall irrevocably appropriate for these purposes the escrow fund
and all income therefrom, and shall provide for the call of all prepayable
bonds in accordance with their terms. The securities to be purchased
with the escrow fund shall be limited to general obligations of the United
States, securities whose principal and interest payments are guaranteed
by the United States, and securities issued by the following United States
government agencies : Banks for Cooperatives, Federal Home Loan Banks,
Federal Intermediate Credit Banks, Federal Land Banks, and the Federal
National Mortgage Association. Such securities shall be purchased simul-
taneously with the delivery of the refunding bonds.

(10) Revenues and other funds on hand, in excess of amounts pledged
by ordinances and resolutions authorizing outstanding bonds for the pay-
ment of principal and interest currently due thereon and reserves securing
such payment, may be used to pay the expenses incurred by the municipality
for the purpose of such refunding, including but without limitation the
cost of advertising and printing refunding bonds, legal and financial advice
and assistance in connection therewith, and the reasonable and customary
charges of escrow agents and paying agents. Revenues and other funds on
hand, including reserves pledged for the payment and security of outstand-
ing revenue bonds, may be deposited in an escrow fund created for the
retirement of such bonds and may be invested and disbursed as provided in
subsection (9) hereof, to the extent consistent with the ordinances or reso-
lutions authorizing such outstanding bonds.

History: En. Sec. 2, Ch. 149, L. 1943;
amd. Sec. 1, Ch. 146, L. 1951; amd. Sec.
2, Ch. 98, L. 1955; amd. Sec. 1, Ch. 38,
L. 1957; amd. Sec. 1, Ch. 51, L. 1963.

11-2271. (5277.3) Loans from revolving fund for paying improvement
district warrants — authorization by electors. (1) Whenever any special
improvement district bond or warrant, or any interest thereon, shall be,
at the time of the passage of this act, or shall thereafter become due and
payable, and there shall then be either no money or not sufficient money in
the appropriate district fund with which to pay the same, an amount suffi-
cient to make up the deficiency may, by order of the council, be loaned by
the revolving fund to such district fund, and thereupon such bond or war-
rant or such interest thereon, or in case of such bonds or warrants due at
the time of the passage of this act, such part of the amount due on such
bond or warrant, whether it be for principal or for interest or for both as
the council may in its discretion elect or determine, shall be paid from the
money so loaned or from the money so loaned when added to such insuffi-

11-2275 ELECTION LAWS

cient amount, as the case may require ; provided, however, that the above
provisions of sections 11-2269, 11-2270 and 11-2271 of this code shall not ap-
ply to any district or districts heretofore created, unless and until, at an
election, either the regular annual municipal election or a special election
called by the council, a majority of the electors whose names appear as the
owners of property in the city or town on the last completed tax roll of the
county in which the city or town is situated, shall authorize the city or
town council to proceed thereunder, such election to be called and con-
ducted in the manner and under such regulations as the council may pro-
vide. At such election no person other than such qualified elector and
taxpayer shall vote on said question, and a majority of those voting thereat
shall be sufficient to determine, and shall determine, the question whether
the council be authorized or not to proceed under sections 11-2269, 11-2270
and 11-2271 of this code.

(2) In connection with any public offering of special improvement
district bonds or warrants, the city or town council may undertake and
agree to issue orders annually authorizing loans or advances from the
revolving fund to the district fund involved in amounts sufficient to make
good any deficiency in the bond and interest accounts thereof to the extent
that funds are available, and may further undertake and agree to provide
funds for such revolving fund pursuant to the provisions of section 11-2270
by annually making such tax levy (or, in lieu thereof, such loan from the
general fund) as the city or town council may so agree to and undertake,
subject to the maximum limitations imposed by said section 11-2270, which
said undertakings and agreements shall be binding upon said city or town
so long as any of said special improvement district bonds or warrants so
offered, or any interest thereon, remain unpaid.

History: En. Sec. 3, Ch. 24, L. 1929;
amd. Sec. 1, Ch. 179, L. 1945.

11-2275. Creation and maintenance of fund. A supplemental revolving
fund may be created by ordinance subject to the approval of a majority of
the qualified electors voting upon the question at a general or special elec-
tion. As used in this act "qualified electors" shall mean registered electors
whose names appear upon the last preceding assessment roll for state and
county taxes as taxpayers upon property within the municipality. The
supplemental revolving fund shall be created and maintained solely from
the net revenues of parking meters and the ordinance may pledge to said
fund all or any part of the said net revenues of parking meters which may
be then owned or leased or rented or thereafter acquired by the city or town.
Said ordinance shall contain such provisions in respect to the purchase,
control, operation, repair and maintenance of parking meters, including
rates to be charged, and the application of the net revenues therefrom and
the management and use of the supplemental revolving fund as the council
shall deem necessary.

History: En. Sec. 2, Ch. 260, L. 1947.

11-2276. Issuance of bonds — submission to electors. At any time after
the award of the contract for any of the improvements described in section

CITIES AND TOWNS 11-2306

11-2274 and prior to the issuance of bonds or warrants therefor under the
provisions of section 11-2231 the council may by resolution determine that
such improvement is of a character that bonds may be issued hereunder
in lieu of bonds under said section 11-2231, and may submit to the qualified
electors of the city or town the question whether such bonds shall be issued.
The proposal to issue bonds may be submitted at the same election as the
proposal to create the supplemental revolving fund and must be approved
by a majority of the qualified electors voting on the question.
History: En. Sec. 3, Ch. 260, L. 1947.

CHAPTER 23

MUNICIPAL BONDS AND INDEBTEDNESS

Section 11-2301. Creation of indebtedness — submission to taxpayers.

11-2306. Petition for election — form — proof.

11-2307. Consideration of petition — calling election.

11-2308. Notice of election — election hours — election officers.

11-2309. Form of ballots and conduct of election.

11-2310. Who are entitled to vote — registration of electors.

11-2311. Percentage of voters required to authorize the issuing of bonds.

11-2312. Canvass of election returns — resolution for bond issue.

11-2301. (5278.1) Creation of indebtedness — submission to taxpayers.

Whenever the council or commission of any city or town having a corporate
existence in this state, or hereafter organize under any of the laws thereof,
shall deem it necessary to issue bonds for any purpose whatever, under its
powers as set forth in any statute or statutes of this state, or amendments
thereto, the question of issuing such bonds shall first be submitted to the
electors of such city or town who are qualified to vote on such question, in
the manner hereinafter set forth ; provided, however, that it shall not be
necessary to submit to such electors the question of issuing refunding bonds
to refund bonds theretofore issued and then outstanding: provided further
that no refunding bonds shall be issued unless such refunding bonds shall
bear interest at a rate of at least one-half of one per cent (^/^ of 1%) less
than the interest rate of the outstanding bonds to be refunded. In order
to issue bonds to refund bonds theretofore issued and outstanding it shall
only be necessary for the council, at a regular or duly called special meet-
ing, to pass and adopt a resolution setting forth the facts with regard to the
indebtedness to be refunded, showing the reason for issuing such refunding
bonds, and fixing and determining the details thereof, giving notice of sale
thereof in the same manner that notice is required to be given of sale of
bonds authorized at an election and then following the procedure in this
act for the sale and issuance of such bonds.

History: En. Sec 1, Ch. 160, L. 1931; 1937; amd. Sec. 1, Ch. 15, L. 1943; amd.
amd. Sec 1, Ch. 100, L. 1933; amd. Sec. 1, Sec. 1, Ch. 62, !•. 1945.
Ch. 12, L. 1937; amd. Sec. 1, Ch. 108, L.

11-2306. (5278.6) Petition for election — form — proof. No bonds shall
be issued by a city or town for any purpose, except to fund or refund war-
rants or bonds issued prior to and outstanding on July first, 1942, as author-
ized in section 11-2301, unless authorized at a duly called special or general
election at which the question of issuing such bonds was submitted to the

11-2307 ELECTION LAWS

qualified electors of the city or town, and approved, as hereinafter provided,
and no such election shall be called unless there has been presented to the
city or town council a petition, asking that such election be held and ques-
tion submitted, signed by not less than twenty per centum (20%) of the
qualified electors of the city or town who are taxpayers upon property with-
in such city or town and whose names appear on the last completed assess-
ment roll for state and county taxes, as taxpayers within such city or town.
Every petition for the calling of an election to vote upon the question of
issuing bonds shall plainly and clearly state the purpose or purposes for
which it is proposed to issue such bonds, and shall contain an estimate of
the amount necessary to be issued for such purpose or purposes. There may
be a separate petition for each purpose, or two (2) or more purposes may
be combined in one (1) petition, if each purpose with an estimate of the
amount of bonds to be issued therefor is separately stated in such petition.
Such petition may consist of one (1) sheet, or of several sheets identical in
form and fastened together, after being circulated and signed, so as to form
a single complete petition before being delivered to the city or town clerk,
as hereinafter provided. The petition shall give the street and house num-
ber, if any, and the voting precinct of each person signing the same.

Only persons who are qualified to sign such petitions shall be qualified
to circulate the same, and there shall be attached to the completed petition
the affidavit of some person who circulated, or assisted in circulating, such
petition, that he believes the signatures thereon are genuine and that the
signers knew the contents thereof before signing the same. The completed
petition shall be filed with the city or town clerk who shall, within fifteen
(15) days thereafter, carefully examine the same and the county records
showing the qualifications of the petitioners, and attach thereto a certificate,
under his official signature, which shall set forth :

(1) The total number of persons who are registered electors and whose
names appear upon the last completed assessment roll for state and county
taxes, as taxpayers within such city or town.

(2) Which, and how many of the persons whose names are subscribed
to such petition, are possessed of all of the qualifications required of signers
to such petition.

(3) Whether such qualified signers constitute more or less than twenty
per centum (20%) of the registered electors Avhose names appear upon the
last completed assessment roll for state and county taxes, as taxpayers with-
in such city or town.

History: En. 8«c. 6, Oh. 160, L. 19S1; amcL 8«c 2, Ch. 108, L. 1937; amd. Sec. 2,

Oh. 15, L. 1943.

11-2307. (5278.7) ConBideration of pctitiom — calling election. When

such petition has been filed with the city or town clerk and he has found it
has a sufficient number of signers qualified to sign the same, he shall place
the same before the city or town council at its first meeting held after he
has attached his certificate thereto. The council shall thereupon examine
such petition and make such other investigation as it may deem necessary.
If it is found the petition is in proper form, bears the requisite number
of signatures of qualified petitioners, and is in all other respects sufficient,

CITIES AND TOWNS 11-2309

the council shall pass and adopt a resolution which shall recite the essen-
tial facts in regard to the petition and its filing and presentation, the pur-
pose or purposes for which the bonds are proposed to be issued, and fix
the exact amount of bonds to be issued for each purpose, which amount
may be less than but must not exceed the amount set forth in the petition,
determine the number of years through which such bonds are to be paid,
not exceeding the limitations fixed in section 11-2303, and making provi-
sion for having such question submitted to the qualified electors of the
city or town at the next general city or town election, or at a special
election which the council may call for such purpose.
Histwry: En, Sec. 7, Oh. 160, I^ 1931.

11-2308. (5278.8) Notice of election— ©lection hours— election officers.

•Whether such election is held at the general city or town election, or at a
special election, separate notice shall be given thereof. Such notice shall
state the date when such election will be held, the hours between which the
polls will be open, the amount of bonds proposed to be issued, the purpose
thereof, the term of years through which the bonds will be paid, and such
other information regarding the election and the proposed bonds as the
board may deem proper. If the bonds proposed to be issued are for two
(2) or more purposes, each purpose and the amount thereof must be sep-
arately stated. Such notice shall be posted in each voting precinct in the
city or town at least ten (10) days prior to the date for holding such
election, and must also be published once a week for a period of not less
than two (2) consecutive weeks immediately preceding the date for hold-
ing such election in some newspaper published in the city or town, if
there be one, and if not then in a newspaper published in the state at a
point in the state nearest to the city or town, and designated by the city
or town council.

If the question of issuing bonds is submitted at a special election called
for such purpose, the city or town council shall fix the hours through
which the polls are to be kept open, which shall be not less than eight (8),
and which must be stated in the notice of election, and may appoint a
smaller number of judges than is required at a general city or town elec-
tion, but in no case shall there be less than three (3) judges in a precinct
and such judges shall act as their own clerks.

If the question of issuing bonds is submitted at a general city or town
election, the polls shall be kept open during the same hours as are fixed
for the general election and the judges and clerks for such general elec-
tion shall act as the judges and clerks thereof.
History: En. Sec. 8, Ch. 160, L. 1931.

11-2309. (5278.9) Form of ballots and conduct of election. Whenever
the question of issuing bonds is submitted at either a general city or town
election, or at a special election, separate ballots shall be provided therefor.
Such ballots shall be white in color and of convenient size, being only large
enough to contain the printing herein required to be done and placed there-
on, and shall have printed thereon in fair-sized, legible type and black ink,

11-2310 ELECTION LAWS

in one (1) line or more, as required, the word "FOR" (stating the propo-
sition and the terms thereof explicitly and at length), and thereunder the
word "AGAINST" (stating the proposition and terras in like manner as
above) ; and there shall be before the word "FOR" and before the word
"AGAINST," each, a square space of sufficient size to place a plain cross or
X therein, and such arrangement shall be in the following manner:

□ FOR (stating the proposition)

□ AGAINST (stating the proposition)

If bonds are sought to be issued for two (2) or more separate purposes,
then separate ballots must be provided for each purpose or proposition.

The election shall be conducted, and the returns made, in the same
manner as other city or town elections; and all election laws governing
city and town elections shall govern, insofar as they are applicable, but
if such question be submitted at a general city or town election the votes
thereon must be counted separately and separate returns must be made
by the judges and clerks at such election. Returns must be made separately
for each proposition or question submitted at such election.
History: En. Sec. 9, Ch. 160, L. 1931.

11-2310. (5278.10) Who are entitled to vote — registration of electors.

Only such registered electors of the city or town whose names appear upon
the last preceding assessment roll for state and county taxes, as taxpayers
upon property within the city or town, shall be entitled to vote upon any
proposition of issuing bonds by the city or town. Upon the adoption of the
resolution calling for the election the city or town clerk shall notify the
county clerk of the date on which the election is to be held and the county
clerk must cause to be published in the official newspaper of the city or
town, if there be one, and if not in a newspaper circulated generally in the
said city or town and published in the county where the said city or town
is located, a notice signed by the county clerk stating that registration for
such bond election will close at noon on the fifteenth (15th) day prior to
the date for holding such election and at that time the registration books
shall be closed for such election. Such notice must be publislied at least
five (5) days prior to the date when such election books shall be closed.

After the closing of the registration books for such election the county
clerk shall promptly prepare lists of the qualified electors of such city or
town who are taxpayers upon property therein and whose names appear
on the last completed a.ssossment roll for state, county and school district
taxes and who are entitled to vote at such election and shall prepare pre-
cinct registers for such election as provided in section 23-515 and deliver
the same to the city or town clerk who shall deliver the same to the
judges of election prior to the opening of the polls. It shall not be neces-
sary to publish or post such lists of qualified electors.

History: En. Sec. 10. Ch. 160, L. 1931;
amd. Sec. 1, Ch. 182, L. 1939; amd. Sec.
17, Ch. 64, L. 1959.

11-2311. (5278.11) Percentage of voters required to authorize the issu-
ing of bonds. Wherever the question of issuing bonds for any purpose is

CITIES AND TOWNS 11-2404

submitted to the qualified electors of a city or town, at either a general or
special election, not less than forty per centum (40%) of the qualified elec-
tors entitled to vote on such proposition or question must vote thereon,
otherwise such proposition shall be deemed to have been rejected ; provided,
however, that if forty per centum (40%) or more of such qualified electors
do vote on such proposition or question at such election, and a majority of
such votes shall be cast in favor of such question or proposition, then such
proposition or question shall be deemed to have been adopted and approved.
History: En. Sec. 11, Oh. 160, L. 1&31.

11-2312. (5278.12) Canvass of election returns — resolution for bond
issue. If the bonding election is held at the same time as a general city or
town election, then the returns shall be canvassed by the city or town coun-
cil at the same time as the returns from such general election; but if the
question of issuing bonds is submitted at a special election then the city
or town council shall meet within ten (10) days after the date of holding
such special election and canvass the returns. If it is found that at such
election forty per centum (40%) or more of the qualified electors of the
city or town entitled to vote on such question or proposition voted thereon,
and that a majority of such votes were cast in favor of the issuing of
such bonds, the city or town council shall, at a regular or special meeting
held within thirty (30) days thereafter, pass and adopt a resolution pro-
viding for the issuance of such bonds. Such resolution shall recite the
purpose for which such bonds are to be issued, the amount thereof, the
maximum rate of interest the bonds may bear, the date they shall bear,
the period of time through which they shall be payable, and that any
thereof may be redeemed in full, at the option of the city or town, on any
interest payment date from and after ten (10) years from the date of
issue ; and provide for the manner of the execution of the same. It shall
provide that preference shall be given amortization bonds but shall fix
the denomination of serial bonds in case it shall be found advantageous
to issue bonds in that form, and shall adopt a form of notice of the sale
of the bonds.

The board may, in its discretion, provide that such bonds may be issued
and sold in two (2) or more series or installments.
History: En. Sec. 12, Oh. 160, L. 1931.

CHAPTER 24
MUNICIPAL EEVENTJE BOND ACT OF 1939
Section 11-2404. Authorization of undertaking — form and contents of bonds.

11-2404. Authorization of undertaking — form and contents of bonds.

The acquisition, purchase, construction, reconstruction, improvement, bet-
terment or extension of any undertaking may be authorized under this
chapter, and bonds may be authorized to be issued under this chapter by
resolution or resolutions of the governing body of the municipality, when
authorized by a majority of the taxpayers voting upon such question at
a special election noticed and conducted as provided in sections 11-2308

11-2404 • ELECTION LAWS

to 11-2310. inclusive, and said spocial election shall be held not later than
the next municipal eli^ction held after the council or governing body of
the municipality has by resolution or resolutions approved the acquisition,
purchase, construction, reconstruction, improvement, betterment or ex-
tension of any undertaking as in this chapter i)rovided and ordered said
special election; provided, that the issuance of refunding revenue bonds
may be authorized by resolution or resolutions of the governing body of
the municipality without an election.

Said bonds shall bear interest at such rate or rates not exceeding six
per centum (6%) per annum, payable semiannually, may be in one or
more series, may bear such date or dates, may mature at such time or
times not exceeding forty (40) years from their respective dates, may
be payable in such place or places, may carry such registration privileges,
may be subject to such terms of redemption, may be executed in such
manner, may contain such terms, covenants and conditions, and may be
in such form, either coupon or registered, as such resolution or subsequent
resolutions may provide. Said bonds shall be sold at not less than par.
Said bonds may be sold at private sale to the United States of America
or any agency, instrumentality or corporation thereof. Unless sold to the
United States of America or agency, instrumentality or corporation thereof,
said bonds shall be sold at public sale after notice of such sale published
once at least five (5) days prior to such sale in a newspaper circulating in
the municipality and in a financial newspaper published in the city of New
York, New York, or the city of Chicago, Illinois, or the city of San Fran-
cisco, California, except that, in the event the bond issue is in an amount of
less than one liundred fifty thousand dollars ($150,000), the bond issue shall
be advertised at least five (5) days prior to such sale in daily newspapers
circulating in Montana cities of 10,000 population or over, in lieu of ad-
vertising in a financial newspaper in New York, Chicago, or San Francisco,
and also in a newspaper as specified in section 16-1201 if that newspaper
is different from the daily newspapers circulating in Montana cities of
10,000 population or over. Pending the preparation of the definitive bonds,
interim receipts or certificates in such form and with such provisions as the
governing body may determine may be issued to the purchaser or purchasers
of bonds sold pursuant to this chapter. Said bonds and interim receipts or
certificates shall be fully negotiable, as provided by the Uniform Commercial
Code — Investment Securities.

History; En. Sec. 4, Ch. 126, L. iy39; Compiler's Notes

amd. Sec. 2, Ch. 145, L. 1951; amd. Sec. Section 16-1201, referred to in the sec-

2, Ch. 38, L. 1957; amd. Sec. 1, Ch. 52, o,,^} pjiragrapli of this section, has been

L. 1963; amd. Sec. 11-106, Ch. 264, L. ri'iioalod. For similar provisions in cur-

1963. riMit law, see sec. 16-1230.

CHAPTER 25

ABATEMENT OP SMOKE NUISANCE

Section 11-2504. Bonds.

11-2505. Election,

11-2506. Notice of election.

11-E511. ProviBiona concerning election.

CITIES AND TOWNS 11-2506

11-2504. (5292) BondB. For the purpose of raising moneys to meet the
payments under the terms and conditions of said contract, and other neces-
sary and proper expenses in and about the same, and the approval or dis-
approval thereof, it shall be the duty of the board of county commissioners,
if the petition be presented to it within thirty days thereafter, to ascertain
the existing indebtedness of the county in the aggregate, and within sixty
days after ascertaining the same to submit to the electors of such county
the proposition to approve or disapprove the said contract, and the issuance
of bonds necessary to carry out the same, which shall not exceed five per
centum of the value of the taxable property therein, inclusive of the exist-
ing indebtedness thereof, to be ascertained by the last assessment for state
and county taxes previous to the issuance of said bonds and incurring said
indebtedness ; and if said petition be presented to the council of any in-
corporated city or town, then within thirty days thereafter they shall
ascertain the aggregate indebtedness of such city or town, and, within
sixty days after ascertaining the same, submit to the electors of such city
or town the proposition to approve or disapprove said contract, and the
issuance of bonds necessary to carry out the same, which shall not exceed
three per centum of the value of the taxable property therein, inclusive of
the existing indebtedness thereof, to be ascertained in the manner herein-
before provided, and if disapproved, the expenses of such election shall be
paid out of the general fund of such county, city, or town, as the case may
be.

History: Bn. Sec. 4, p. 143, L. 1893; 8433, Rev. 0. 1907; re-en. Sec. 5292, E. C.
re-en. Sec. 4834, Pol. C. 1895; re-eai. Sec. M. 1921.

11-2505. (5293) Election. The vote upon such proposition shall be had

at an election for that purpose to be held, conducted, counted, and results

ascertained and determined in the manner and by the same officers provided

by law for general elections, except as otherwise herein provided, and the

proposition to be submitted shall be upon printed tickets or ballots, upon

each of which shall be printed the following : "For the contract and bonds,"

"Against the contract and bonds," the former above the latter, and the

elector shall indicate his vote by a cross opposite the one or the other for

which he votes ; and if it appears from the result of such election that a

majority of the votes cast were "For the contract and bonds," then said

contract shall be in full force and effect, and the said bonds shall be issued

and disposed of in the manner hereinafter provided. If it shall appear from

the result of such election that there was a tie, or a majority of said votes

were cast "Against the contract and bonds," then the said contract and

bond given for its fulfilment shall be null and void and of no effect, and

said bonds and none thereof shall be issued.

History: En. Sec. 5, p. 144, L. 1893; 3434, Rev. C. 1907; re-en. Sec. 5293, E. O.
re-en. Sec. 4836, PoL C. 1895; re-en. Sec. M. 1921.

11-2506. (5294) Notice of election. The board of county commissioners
of the county in which such election is to be held, or the council of the incor-
porated city or town, as the case may be, shall give notice of such election,
stating the objects thereof, the time and place of holding the same, such

11-2511 ELECTION LAWS

conditions of the contract as in their judgment are proper and necessary
to enatle the electors to vote intelligently upon the proposition submitted
to them, the amount of bonds proposed to be issued, when payable, and
the interest they are to bear, with a description of the tickets or ballots
to be used, in some newspaper printed and published and circulated in the
county, or city, or town, as the case may be, in which such election shall be
held, at least three times a week for at least six consecutive weeks next
preceding such election, and if no newspaper be printed, published, and cir-
culated therein, then in some newspaper printed and published in some
county nearest thereto.

History: En. Sec. 6, p. 144, K 1893; 3435, Rev. C. 1907; re-eoi. S«c. 6294, E. C.
re-en. Sec. 4836, Pol. C. 1895; re-en. Sec. M. 1921.

11-2511. (5299) Provisions concerning election. No registration under
the election laws of this state shall be required for the purposes of the elec-
tion herein provided for, and the registration had at the last election pre-
ceding the same shall govern and control as if especially had and done for
the purposes of the election to be held under this act.

History: En. Sec. 11, p. 146, L. 1893; 3440, Rev. C. 1907; re-eai. Sec. 6299, R. C.
re-en. Sec. 4841, PoL C. 1895; re-en. Sec. M. 1921.

CHAPTER 31
COMMISSION FORM OF GOVERNMENT

Section 11-3101. Any city may reorganize under commission form.

11-3102. Submission to electors — petition and order of election.

11-3103. Proclamation of election.

11-3104. Ballots— form.

11-3105. Certificate of result of election — no further election for two years.

11-3106. Calling of election to elect city officers.

11-3107. Manner of conducting election — canvassing votes.

11-3108. Laws governing city — ordinances — territorial limits and property.

11-3109. Number of councilmen — vacancies, how filled.

11-3110. Beginning of term of office.

11-3111. Tenure of office — expiration of term.

11-3112. Nomination of candidates — primary election.

11-3113. Receipt of majority of all votes cast at primary election elects candi-
date and dispenses with general election, when.

11-3114. Penalty for working for candidate.

11-3115. Fees for filing for office.

11-3116. Bribery — false answers concerning qualifications of elector — voting by
disqualified person.

11-3126. Ordinances and franchises — how adopted or granted.

11-3127. Officers not to be interested in contracts, receive passes, or do elec-
tioneering.

11-3128. Civil service.

11-3132. Recall of elective officers.

11-3133. Ordinance — how submitted — petition and election.

11-3134. Taking effect and suspension of ordinances.

11-3135. Abandonment of commission form.

11-3136. Requirements of petitions.

11-3137. Effect of act upon existing laws.

11-3101. (5366) Any city may reorganise under commission form.

Any city may abandon its organization and reorganize under the provisions

of this act, by proceeding as hereinafter provided.

History: En. Sec. 1, Ch. 57, L. 1911;
re-en. S«:. 6366, R. 0. M. 1921.

CITIES AND TOWNS 11-3105

11-3102. (5367) BubmisBion to electoni — petition and order of election.
Upon a petition being filed with the city council, signed by not less than
twenty-five per cent of the qualified electors of such city registered for the
last preceding general city election, praying that the question of reorganiza-
tion under this act be submitted to the qualified electors of such city, said
city council shall thereupon, and within thirty days thereafter, order a
special election to be held, at which election the question of reorganization
of such city, under the provisions of this act, shall be submitted to the quali-
fied electors of such city.

Such order of the city council shall specify therein the time when such

election shall be held, which must be within ninety days from the date of

the filing of such petition.

History: En. S«c. 2, Oh. 67, L. 1911;
amd. Sec. 1, Oh. 2, I*. 1916; re-en. Sec.
6367, S. 0. M. 1921.

11-3103. (5368) Proclamation of election. Upon the city council order-
ing such special election to be held, the mayor of such city shall issue a
proclamation setting forth the purpose for which such special election is
called, and the date of holding such special election, which proclamation
shall be published for ten consecutive days in each daily newspaper pub-
lished in said city, if there be such, otherwise once a week for two consecu-
tive weeks in each weekly newspaper published therein, and such proclama-
tion shall also be posted in at least five public places within such city.

History: En. Sec. 3, Oh. 67, L. 1911;
re-en. Sec. 5368, B. 0. M. 1921.

11-3104. (5369) Ballots — form. At such election the ballots to be used
shall be printed upon plain, white paper, and shall be headed "Special elec-
tion for the purpose of submitting to the qualified electors of the city of

the question of reorganization of the city of

under chapter (name of chapter containing this

act) of the acts of the twelfth legislative assembly," and shall be substan-
tially in the following form :.

For reorganization of the city of under chapter

(name of chapter containing this act) of the act of the twelfth legislative
assembly.

Against reorganization of the city of under chapter

(name of chapter containing this act) of the acts of the twelfth legislative
assembly.

Such election shall be conducted and vote canvassed and result declared

in the same manner as provided by law in respect to other city elections.

History: En. Sec. 4, Oh. 67, L. 1911;
re-en. Sec. 5369, E. 0. M. 1921.

11-3105. (5370) Certificate of result of election— no further election for
two years. If such proposition is adopted, the mayor shall transmit to the
governor, to the secretary of state, and to the county clerk and recorder,
each, a certificate stating that such proposition was adopted.

11-3106 ELECTION LAWS

If such proposition shall not be adopted at such special election, such

proposition shall not again be submitted to the electors of such city within

a period of two years thereafter.

HlJtory: En. Sec. 6, Oh. 67, L. 1911;
re-eoL S«c. 5370, E. 0. M. 1921.

11-3106. (5371) Calling of election to elect city ofllcers. If a majority
of the votes cast at such election shall be in favor of such proposition, the
city council must, at its first regular meeting held thereafter, order a special
election to be held for the purpose of electing a mayor and the number of
councilmen to which such city shall be entitled, which order shall specify
the time of holding such election, which must be within ninety days after
the making of said order, and the mayor shall thereupon issue a proclama-
tion setting forth the purposes for which such special election is called and
the day of holding the same, which proclamation shall be published for ten
successive days in each daily newspaper published in such city, if there
be such, otherwise once a week for two consecutive weeks in each weekly
newspaper published therein, and a copy thereof shall also be posted at each
voting place within said city, and also in at least ten of the most public
places in said city.

Hlftory: En. Sec. 6, Oh. 67, L. 1911;
amd. 8«c. 2, Oh. 2, L. 1915; re-en. Sec.
5371, B. 0. M. 1921.

11-3107. (5372) Manner of conducting election — canvassing vot«s.

Such election shall be conducted, the vote canvassed, and result declared in

the same manner as provided by law in respect to other city elections.

History: En. Sec. 7, Oh. 67, L. 1911;
re-en. Sec. 5372, R. 0. Bf. 1921.

11-3108. (5373) Laws governing city — ordinances — ^territorial limits
and property. All laws governing cities of the first, second, and third
classes, and not inconsistent with the provisions of this act, shall apply to
and govern cities organized under this act. All by-laws, ordinances, and
resolutions lawfully passed and in force in any such city under its former
organization shall remain in force until altered or repealed by the council
elected under the provisions of this act. The territorial limits of such city
shall remain the same as under the former organization, and all rights and
property of every description, which were vested in any such city under its
former organization, shall vest in the same under the organization herein
contemplated, and no right or liability either in favor of or against it,
existing at the time, and no suit or prosecution of any kind shall be af-
fected by such change, unless otherwise provided for in this act.

History: En. Sec. 8, Ch. 57, L. 1911;
re-en. Sec. 5373, E. 0. M. 1921.

11-3109. (5374) Number of oouncilmen — vacancies, how filled. In

every city of the third class, there shall be a mayor and two councilmen ; in
every city of the second class, a mayor and two councilmen ; in every city
of the first class having a population of less than twenty-five thousand
(25,000), a mayor and two (2) councilmen, and in every city of the first
class having a population of twenty-five thousand (25,000), or more, a

CITIES AND TOWNS 11-3111

mayor and four (4) councilmen, and the mayor and all councilmen shall be
elected at large.

Vacancies in the office of mayor or councilmen shall be filled by appoint-
ment made by a majority vote of the remaining members of the council,
and if, in filling such vacancy, a tie vote should occur, then the person to fill
said vacancy shall be determined by lot in such manner as said council may
provide. A person appointed to fill any such vacancy shall hold his office
until the next general election and until his successor is elected and quali-
fied. A person elected to fill a vacancy shall hold office until the expiration
of the term for which the person he succeeds was elected.

History: En. Sec. 9, Ch. 57, L. 1911;
re-en. Sec. &370, R. C. M. 1921; amd. Sec.
1. Oh. 18, L. 1946.

11-3110. (5375) Beginning of term of oflSce. The mayor and council-
men elected at such special election shall qualify, and their terms of office
shall begin on the first Monday after their election, and the terms of office of
the mayor and councilmen or aldermen in such city in office at the beginning
of the term of office of the councilmen first elected under the provisions
of this act shall then cease and determine, and the terms of office of "all
their appointed officers in force in such city, except as hereinafter pro-
vided, shall cease and determine as soon as the council shall by resolution
declare.

History: En. Sec. 10, Oh. 67, L. 1911;
re-en. Sec. 5375, B. 0. M. 1921.

11-3111. (5376) Tenure of office — expiration of term. The terms of
office of the mayor and all councilmen elected at such special election shall
expire on the first Monday in May of the year following their election. At
the first regular city election held in the year in which the terms of office
of the mayor and councilmen elected at such special election shall expire, a
mayor and two councilmen shall be elected in cities having a population
of less than twenty-five thousand. The mayor elected at such first general
city election shall hold office for two years; one of the councilmen elected
at such first city election shall hold office for one year; and the other
of such councilmen elected at such first general city election shall hold
office for two years, beginning with the first Monday in May of that year;
a mayor and four councilmen shall be elected in cities having a population
of twenty-five thousand or more ; and the mayor elected at such first
general city election shall hold office for two years. Two of the council-
men elected at such first general city election shall hold office for one year,
and the other two of the councilmen elected at such first general city elec-
tion shall hold office for two years, beginning with the first Monday in
May of that year; and the terms of office of the mayor and all councilmen
thereafter elected shall be two years.

The councilmen elected at the first general city election shall decide
by lot in such manner as they may select, which thereof shall hold the office
of councilman the term of which expires one year thereafter, and which

11-3112 ELECTION LAWS

thereof shall hold the office of councilman, the term of which expires two

years thereafter.

History: En. Sec. 11, Ch. 57, L. 1911;
re-en. Sec. 6376, R. C. M. 1921.

11-3112. (5377) Nomination of candidates — primary election. (1)
Candidates to be voted for at all general municipal elections at which a
mayor or councilmen are to be elected under the provisions of this act shall
be nominated by a primary election, and no other names shall be placed
upon the general ballot except those selected in the manner hereinafter pre-
scribed. The primary election for such nominations shall be held on the
second Monday preceding the municipal election. The judges of election
appointed for the municipal election shall be the judges of the primary
election, and it shall be held at the same places, as far as possible, and the
polls shall be opened and closed at the same hours, with the same clerks as
are required for said general municipal election.

(2) Any qualified elector of said city who is the owner of any real
estate situated therein, desiring to become a candidate for mayor or coun-
cilman, shall, at least ten days prior to said primary election, file with the
city clerk a statement of such candidacy in substantially the following
form:

State of Montana, ]

County of J

I, , being first duly

sworn, say that I reside at street,

city of , county of

state of Montana ; that I am a qualified voter therein ; that I am a candi-
date for nomination to the office^ of (mayor or councilman) to be voted

upon at the primary election to be held on the Monday of ,

19 , and I hereby request that my name be printed upon the official

primary ballot for nomination by such primary election for such office.

(Signed)

Subscribed and sworn to (or affirmed) before me by

on this day of , 19

(Signed)

and shall at the same time file therewith the petition of at least twenty-five
qualified voters requesting such candidacy. Each petition shall be verified
by one or more persons as to qualifications and residence, with street num-
ber, of each of the persons so signing the said petition, and the said petition
shall be in .substantially the following form :

(3) Petition accompanying nominating statement.

The undersigned, duly qualified electors of the city of

, and residing at the places set opposite our respective

names hereto, do hereby request that the name of (name of candidate) be
placed in the ballot as a candidate for nomination for (name of office) at
the primary election to be held in such city on the Monday of

CITIES AND TOWNS 11-3112

, 19 We further state that we know him to be a

qualified elector of said city and a man of good moral character, and
qualified, in our judgment, for the duties of such office.

Names of qualifying electors. Number. Street.

(4) Each signer of a nomination paper shall sign but one such nomina-
tion paper for the same office, except where more than one officer is to be
elected to the same office, in which case he may sign as many nomination
papers as there are officers to be elected, and only one candidate shall be
petitioned for or nominated in the same nomination paper.

(5) Immediately upon the expiration of the time of filing the state-
ments and petitions for candidates, the said city clerk shall cause to be pub-
lished for three consecutive days in all the daily newspapers published in
the city, in proper form, the names of the persons as they are to appear
upon the primary ballots, and if there be no daily newspaper, then in two
issues of any other newspapers that may be published in said city; and
the said clerk shall thereupon cause the primary ballots to be printed,
authenticated with a facsimile of his signature. Upon the said ballot the
names of the candidates for mayor, arranged alphabetically, shall first be
placed, with a square at the left of each name, and immediately below the
words, "Vote for one." Following these names, likewise arranged in alpha-
betical order, shall appear the names of the candidates for councilmen, with
a square at the left of each name, and below the names of such candidates
shall appear the words, "Vote for (giving the number of persons to be
voted for)." The ballot shall be printed upon plain substantial, white paper,
and shall be headed :

Candidates for nomination for mayor and councilmen of the city of

at the

Primary Election ;
but shall have no party designation or mark whatever. The ballots shall
be in substantially the following form : (Place a cross in the square preced-
ing the names of the parties you favor as candidates for the respective
positions).

Official Primary Ballot.
Candidates for nomination for mayor and councilmen of the city of

at the

Primary Election.

For Mayor.

(Name of candidate.)

(Vote for one.)

For councilman.

(Name of candidate.)

(Vote for (Giving number to be voted for).

Official ballot attest:

(Signature)

City Clerk.

11-3112 ELECTION LAWS

(6) Having caused said ballots to be printed, the said city clerk shall
cause to be delivered at each polling place a number of said ballots equal
to twice the number of such voters registered in such polling place at the
last general municipal election. The persons who are qualified to vote
at the general election shall be qualified to vote at such primary election
and any person offering to vote may be orally challenged by any elector
of the city upon any or all of the grounds set forth and specified in section
23-1220 of these codes, and the provisions of sections 23-1221 to 23-1228,
inclusive, of these codes shall apply to all challenges made at such election.
Judges of election shall immediately upon the closing of the polls count
the ballots and ascertain the number of votes cast in such precinct for each
of the candidates for mayor and councilman, and make return thereof
to the city clerk upon the proper blanks to be furnished by the city clerk
within six hours of the closing of the polls. On the day following the
primary election the city clerk shall canvass said returns so received from
all the polling precincts, and shall make and publish in all the newspapers
in said city, at least once, the result thereof. Said canvass by the city
clerk shall be publicly made.

(7) If a mayor is to be elected at such municipal election, the two per-
sons reciving the highest number of votes shall be the candidates for mayor.
If one councilman is to be elected at such municipal election, the two per-
sons receiving the highest number of vot€S shall be the candidates for coun-
cilmen. If two councilmen are to be elected at such general municipal elec-
tion, the four persons receiving the highest number of votes shall be the
candidates for councilmen, and if three councilmen are to be elected at such
municipal election, the six persons receiving the highest number of votes
shall be the candidates for councilmen, and if four councilmen are to be
elected at such general municipal election, the eight persons receiving the
highest number of votes shall be candidates for councilmen at such general
election, and these shall be the only candidates for mayor and councilmen
at such general election.

(8) All electors of cities under this act, who, by ordinances governing
cities incorporated under the general municipal incorporation law, or by
charter, would be entitled to vote for the election of officers at any general
municipal election in such cities, shall be qualified to vote at all elections
under this act; and the ballots to be used at such general municipal elec-
tion shall be in the same general form as for such primary elections so far
as applicable, and in all elections in such cities the election precincts,
voting places, method of conducting the elections, canvassing of votes, and
announcing the results shall be the same as by law provided for the elec-
tion of officers in such cities so far as the same are applicable and not in-
consistent with the provisions of this act.

(9) Every person who has been declared elected mayor or councilman,
shall, within ten days thereafter, take and file with the city clerk his oath of
office in the form and manner provided by law, and shall execute and give
sufficient bond to the municipal corporation in the sum of ten thousand
dollars, conditioned for the faithful performance of the duties of his office,
which bond shall be approved by the judge of the district court of the

CITIES AND TOWNS 11-3116

county in which such city is situated, and filed with the clerk and recorder

of the county in which such city is situated.

History: En. Sec. 12, Oh. 57, L. 1911; the bonds of mayor and councilmen at

re-en. Sec. 6377, B. C. M. 1921. $10,000.00 is superseded by Sec. 1, Ch. 9,

NOTE.— Par. 9 of this section fixing Laws 1943 (11-3124) fixing them at $5,000.

11-3113. (5377.1) Receipt of majority of all votes cast at primary
election elects candidate and dispenses with general election, when.
Whenever, in any city operating under a commission form of government,
at a primary election held in accordance with section 11-3112, a councilman
or councilmen or a mayor and councilman or councilmen are to be elected,
one person or candidate for any office to be filled shall receive a majority of
all votes cast for such office, then such person or persons shall be deemed
duly elected to the respective office or offices for which he or they receive
such majority vote. If at such primary election more than two (2) persons
are candidates for the same office and no one person receives a majority of
all votes cast for such office then the names of the two persons receiving
the highest number of votes shall be placed upon the general municipal
election ballot under the provisions of section 11-3112. If, in any year, all
officers to be elected are thus elected by a majority vote at such primary
election, then, in that event, no general municipal election shall be held in
said city for said year.
History: En. Sec. 1, Oh. 13, L, 1933.

11-3114. (5378) Penalty for working for candidate. Any person who
shall agree to perform any services in the interest of any candidate for any
office provided in this act, in consideration of any money or other valuable
thing for such services performed in the interest of any candidate, shall
be punished by a fine not exceeding three hundred dollars or be impris-
oned in the county jail not exceeding thirty days.

History: En. Sec. 13, Ch. 67, L. 1911;
re-en. Sec. 5378, R. C. M. 1921.

11-3115. (5378.1) Fees for filing for office. Every candidate for mayor
and every candidate for councilman in cities operating under the commis-
sion form of government shall, at the time of filing his nominating petition
pay the following fees to the city clerk as filing fee : A candidate for mayor
shall pay twenty dollars ($20.00), and a candidate for councilman shall pay
fifteen dollars ($15.00).
History: En. Sec. 1, Oh. 137, L. 1933.

11-3116. (5379) Bribery — false answers concerning qualifications of
elector — voting by disqualified person. Any person offering to give a bribe,
either in money or other consideration, to any elector, for the purpose of
influencing his vote at any election provided in this act, or any elector en-
titled to vote at any such election receiving and accepting such bribe or
other consideration; any person who agrees, by promise or written state-
ment, that he will do, or will not do, any particular act or acts, for the
purpose of influencing the vote of any elector or electors at any election
provided in this act ; any person making false answer to any of the pro-
visions of this act relative to his qualifications to vote at such election ; any

11-3126 ELECTION LAWS

person wilfully voting or offering to vote at such election who has not been
a resident of this state for one year next preceding said election, or who is
not twenty-one years of age, or is not a citizen of the United States, or
knowing himself not to be a qualified elector of such precinct where he of-
fers to vote ; any person knowingly procuring, aiding, or abetting any vio-
lation hereof, shall be deemed guilty of a misdemeanor, and, upon convic-
tion, shall be fined in a sum not less than one hundred dollars nor more than
five hundred dollars; and be imprisoned in the county jail not less than
ten nor more than ninety days.

History: En. Sec. 14, Oh. 57, L. 1911;
re-eox. Sec. 5379, E. C. M. 1921.

11-3126. (5388) Ordinances and franchises — how adopted or granted.
Every ordinance or resolution appropriating money, or ordering any street
improvement or sewer, or making or authorizing the making of any con-
tract, or granting any franchise or right to occupy or use the streets,
highways, bridges, or public places in the city for any purpose, shall be
complete in the form in which it is finally passed, and remain on file
with the city clerk for public inspection at least one week before the
final passage or adoption thereof. No franchise ar right to occupy or use
the streets, highways, bridges, or public places in any such city shall be
granted, renewed, or extended, except by ordinance, and every franchise
or grant for interurban or street railways, gas, or water-works, electric
light, or power plant, heating plant, telegraph or telephone systems, or
other public service utilities, or renewal or extension of any such franchise
or grant within such city, must be authorized or approved by a majority
of the electors voting thereon at a general or special election, as provided
in sections 11-1207, 11-1208 and 11-1209 of this code.

History: En. Sec. 23, Oh. 57, L. 1911;
re-en. Sec. 6388, R. C. M. 1921.

11-3127. (5389) Officers not to be interested in contracts, receive
passes, or do electioneering. No officer or employee elected or appointed in
any such city shall be interested, directly or indirectly, in any contract or
job for work or materials, or the profits thereof, or materials, supplies, or
services to be furnished or performed for the city; and no such officer or
employee shall be interested, directly or indirectly, in any contract or job
for work or materials, or the profits thereof, or services to be furnished or
performed for any person, firm, or corporation operating interurban rail-
way, street railway, gas-works, water-works, electric light or power plant,
heating plant, telegraph line, telephone exchange, or other public utility
within the territorial limits of said city. No such officer or employee shall
accept or receive, directly or indirectly, from any person, firm, or corpora-
tion operating within the territorial limits of said city, any interurban rail-
way, street railway, gas-works, water-works, electric light or power plant,
heating plant, telegraph line, or telephone exchange, or other business using
or operating under a public franchise, any frank, free pass, free ticket, or
free service, or accept or receive, directly or indirectly, from any such per-
son, firm, or corporation, any other service upon terms more favorable than
is granted to the public generally. Any violation of the provisions of this

CITIES AND TOWNS 11-3128

section shall be a misdemeanor, and every such contract and agreement
shall be void.

Such prohibition of free transportation shall not apply to policemen or
firemen in uniform ; nor shall any free service to the city officials here-
tofore provided by any franchise or ordinance be affected by this section.
Any officer or employee of such city who, by solicitation or otherwise, shall
exert his influence, directl}' or indirectly, to influence other officers or
employees of such city to adopt his political views, or to favor any par-
ticular person or candidate for office, or who shall in any manner con-
tribute money, labor, or other valuable thing to any person for election
purposes, shall be guilty of a misdemeanor, and, upon conviction, shall be
punished by a fine not exceeding three hundred dollars, or by imprison-
ment in the county jail not exceeding thirty days.

History: En. Sec. 24, Ch. 57, L. 1911;
re-en. Sec. 5389, B. C. M. 1921.

11-3128. (5390) Civil service. (1) Immediately after organizing, the
council shall, by ordinance, appoint three civil service commissioners, who
shall hold office, one until the first Monday in April in the second year, one
until the first Monday in April of the fourth year, and one until the first
Monday in April of the sixth year after his appointment. Each succeeding
council shall, as soon as practicable after organizing, appoint one commis-
sioner for six years, who shall take the place of a commissioner whose term
of office expires. The chairman of the commission for each biennial period
shall be the member whose term first expires. No person while on the said
commission shall hold or be a candidate for any office of public trust. Two
of said members shall constitute a quorum to transact business. The com-
missioners must be citizens of Montana and residents of the city for more
than three years next preceding their appointment.

(2) The council may remove any of said commissioners during their
term of office for cause, a majority of councilmen voting in favor of such
removal, and shall fill any vacancy that shall occur in said commission
for the unexpired term. The city council shall provide suitable rooms in
which the said civil service commission shall hold its meetings ; it shall
have a clerk, who shall keep a record of all its meetings, such city to
supply the said commission with all necessary equipment to properly attend
to such business.

(3) Before entering upon the duties of his office, each of said commis-
sioners shall take and subscribe an oath, which shall be filed and kept in the
office of the city clerk, to support the constitution of the United States
and of the state of Montana, and to obey the laws, and to aid to secure
and maintain an honest and efficient force, free from partisan distinction
or control, and to perform the duties of his office to the best of his ability.

(4) Said commission shall, on the first Monday of April and October of
each year, or oftener if it shall be deemed necessary, under such rules
and regulations as may be prescribed by the council, hold examinations
for the purpose of determining the qualifications of applicants for posi-
tions, which examination shall be practical, and shall fairly test the

11-3128 ELECTION LAWS

fitness of the persons examined to discharge the duties of the position to
which they seek to be appointed. Such commission shall, as soon as
possible after such examination, certify to the council double the num-
ber of persons necessary to fill vacancies, who, according to the records,
have the highest standing for the position they seek to fill as a result of
such ..lamination, and all vacancies which occur that come under the civil
service, prior to the date of the next regular examination, shall be filled
from said list so certified ; provided, however, that should the list for any
cause be reduced to less than three for any division, then the council or
the head of the proper department may temporarily fill a vacancy, but
not to exceed thirty days.

(5) All persons subject to such civil service examination shall be sub-
ject to removal from office or employment by the council for misconduct or
failure to perform their duties under such rules and regulations as it may
adopt, and the chief of police, chief of the fire department, or any super-
intendent or foreman in charge of municipal work, may peremptorily sus-
pend or discharge any subordinate then under his direction for neglect of
duty or disobedience of his orders, but shall, within twenty-four hours
thereafter, report such suspension or discharge, and the reason therefor, to
the superintendent of his department, who shall thereupon affirm or revoke
such discharge or suspension, according to the facts. Such employee (or
the officer discharging or suspending him) may, within five days of such
ruling, appeal therefrom to the council, which shall fully hear and deter-
mine the matter.

(6) The council shall have the power to enforce the attendance of wit-
nesses, the production of books and papers, and power to administer
oaths in the same manner and with like effect, and under the same pen-
alties, as in the case of magistrates exercising criminal or civil jurisdiction
under the statutes of Montana.

(7) Said commissioners shall make an annual report to the council, and
it may require a special report from said commissioners at any time ; and
said council may prescribe such rules and regulations for the proper con-
duet of the business of the said commission as shall be found expedient
and advisable, including restrictions on appointment, promotions, removals
for cause, roster of employees, certificates of records to the auditors, and
restrictions on payment to persons improperly employed.

(8) The council of such city shall have power to pass ordinances im-
posing suitable penalties for the punishment of persons violating any of the
provisions of this act relating to the civil service commission.

(9) The provisions of this section shall apply to all appointive officers
and employees of such city, except those especially named in section 11-3121
of this code, commissioners of any kind, laborers whose occupation requires
no special skill or fitness, election officials, and mayor's secretary and as-
sistant attorney, where such officers are appointed.

(10) All officers and employees in any said city shall be elected or ap-
pointed with reference to their qualifications and fitness, and for the good
of the public service, and without reference to their political faith or party
affiliations.

CITIES AND TOWNS 11-3132

(11) It shall be unlawful for any candidate for oflSce in any such city,
directly or indirectly, to give or promise any person or persons any office,
position, employment, benefit, or anything of value for the purpose of in-
fluencing or obtaining the political support, aid, or vote of any person or
persons.

(12) Every elective officer in any such city shall, within thirty days
after qualifying, file with the city clerk, and publish at least once in the
daily newspaper of general circulation, or weekly, if there be no daily news-
paper published, his sworn statement of all his election and campaign ex-
penses, and by whom such funds were contributed.

Any violation of the provisions of this section shall be a misdemeanor,

and give ground for the removal from office.

History: En. Sec. 25, Ch. 57, L. 1911;
re-en. Sec. 5390, B. C. M. 1921.

11-3132. (5394) Recall of elective officers. (1) The holder of any
elective office may be removed at any time by the electors qualified to vote
for a successor of such incumbent. The procedure to effect the removal of
an incumbent of an elective office shall be as follows : A petition signed by
twenty-five per cent of all qualified electors registered for the last preced-
ing general municipal election, demanding an election of a successor of
the person sought to be removed, shall be filed with the city clerk, which
petition shall contain a general statement of the grounds for which the
removal is sought. The signatures to the petition need not be appended
to one paper, but each signer shall add to his signature his place of
residence, giving the street and number. One of the signers of such paper
shall make oath before an officer competent to administer oaths that the
statements therein are true as he believes, and that each signature to the
paper appended is the genuine signature of the person whose name it pur-
ports to be.

(2) Within ten days from the date of filing such petition the city clerk
shall examine, and from the voters' register ascertain whether or not sai3
petition is signed by the requisite number of qualified electors, and, if
necessary, the council shall allow him extra help for that purpose; and he
shall attach to said petition his certificate, showing the result of said ex-
amination. If, by the clerk's certificate, the petition is shown to be insuffi-
cient, it may be amended within ten days from the date of said certificate.
The clerk shall, within ten days after such amendment, make like ex-
amination of the amended petition, and if his certificate shall show the same
to be insufficient, it shall be returned to the person filing the same ; without
prejudice, however, to the filing of a new petition to the same effect. If the
petition shall be deemed to be sufficient, the clerk shall submit the same to
the council without delay. If the petition shall be found to be sufficient, the
council shall order and fix a date for holding said election, not less than
seventy days nor more than eighty days from the date of the clerk's cer-
tificate to the council that a sufficient petition is filed.

(3) The council shall make, or cause to be made, publication of notice
and all arrangements for holding such election, and the same shall be con-

11-3133 ELECTION LAWS

ducted, returned, and the result thereof declared, in all respects as are
other elections.

(4) As far as applicable, except as otherwise herein provided, nomina-
tions hereunder shall be made without the intervention of a primary elec-
tion by filing with the clerk, at least ten days prior to said special election, a
statement of candidacy accompanied by a petition signed by electors
entitled to a vote at said special election, equal in number to at least ten
per cent of the entire number of persons registered to vote at the last
preceding general municipal election, which said statement of candidacy
and petition shall be substantially in the form set out in section 11-3112 of
this code, so far as the same is applicable, substituting the word "special"
for the word "primary" in such statement and petition, and stating therein
that such person is a candidate for election instead of nomination.

(5) The ballot for such special election shall be in substantially the fol-
lowing form:

Official Ballot.

Special election for the balance of the unexpired term of

as for

(Vote for one only.)

(Name of candidates.)

Name of present incumbent.

Official ballot attest.

(Signature) ,

City Clerk.

(6) The successor of any officer so removed shall hold office during the
unexpired term of his predecessor. Any person sought to be removed may
be a candidate to succeed himself, and unless he requests otherwise in
writing, the clerk shall place his name on the official ballot without nomi-
nation. In any such removal election, the candidate receiving the highest
number of votes shall be declared elected. At such election, if some other
person than the incumbent receives the highest number of votes, the in-
cumbent shall thereupon be deemed removed from the office upon the
qualification of his successor. In case the party who receives the highest
number of votes should fail to qualify within ten days after receiving
notification of the election, the office shall be deemed vacant. If the in-
cumbent receive the highest number of votes, he shall continue in office.
The said method of removal shall be cumulative, and additional to the
methods heretofore provided by law.

History: En. Sec. 29, Ch. bl, L. 1911;
amd. Sec. 3, Ch. 2, L. 1916; re-en. Sec.
5394, B. C. M 1921.

11-3133. (5395) Ordinance — how submitted — petition ajid election.

Any proposed ordinance may be submitted to the council by petition signed
by electors of the city equal in number to the percentage hereinafter re-
quired. The signature, verification, inspection, certification, amendment,
and submission of such petition shall be the same as provided for petition
under the preceding section. If the petition accompanying the proposed

CITIES AND TOWNS 11-3134

ordinance be si^ed by electors equal in number to twenty-five per centum
of the entire number of persons registered to vote at the last preceding gen-
eral election, and contains a request that the said ordinance be submitted to
a vote of the people, if not passed by the council, such council shall either:

(a) Pass each ordinance without alteration within twenty days after
the attachment of the clerk's certificate to the accompanying petition; or,

(b) Forthwith, after the clerk shall attach to the petition accompany-
ing such ordinance his certificate of sufficiency, the council shall call a
special election, unless a general municipal election is fixed by law within
thirty days thereafter, and at such special or general municipal election,
if one is so fixed, such ordinance shall be submitted to the vote of the
electors of such city.

But if the petition is signed by not less than ten nor more than twenty-
five per centum of the electors, as above defined, then the council shall,
within twenty days, pass said ordinance without change, or submit the
same at the next general city election occurring after the clerk's certifi-
cate of sufficiency is attached to said petition.

The ballots used when voting upon said ordinance shall contain these
words: "For the ordinance" (stating the nature of the proposed ordinance),
and "Against the ordinance" (stating the nature of the proposed ordinance).
If a majority of the qualified electors voting on the proposed ordinance shall
vote in favor thereof, such ordinance shall thereupon become a valid and
binding ordinance of the city; and any ordinance proposed by the petition
of which shall be adopted by a vote of the people cannot be repealed or
amended except by a vote of the people.

Any number of proposed ordinances may be voted upon at the same
election, in accordance with the provisions of this section; but there shall
not be more than one special election in any period of six months for such
purposes.

The council may submit a proposition for the repeal of any such ordi-
nance, or for amendments thereto, to be voted upon at any succeeding
general city election; and should such proposition so submitted receive a
majority of the votes cast thereon at such election, such ordinance shall
thereby be repealed or amended accordingly. "Whenever any ordinance or
proposition is required by this act to be submitted to the voters of the city
at any election, the city clerk shall cause such ordinance or proposition to
be published once in each of the daily newspapers published in such city,
and if there be none, then one time in each weekly newspaper published
therein ; such publication to be not more than twenty nor less than five days
before the submission of such proposition or ordinance to be voted on.

History: En. Sec SO, Oil. 57, L. 1911;
re-en. Sec. 6395, K. 0. M. 1921.

11-3134. (5396) Taking effect and suspension of ordinances. No ordi-
nance passed by the council, except when otherwise required by the general
laws of this state or the provisions of this act, except an ordinance for the
immediate preservation of the public peace, health, or safety, which contains
a statement of its urgency, and is passed by a two-thirds vote of the council,

11-3135 ELECTION LAWS

Bhall go into effect before ten days from the time of its final passage ; and
if, during said ten days, a petition signed by electors of the city equal
in number to at least twenty-five per centum of the entire number of per-
sons registered to vote at the last preceding general municipal election, pro-
testing against the passage of such ordinance, be presented to the council,
the same shall thereupon be suspended from going into operation, and it
shall be the duty of the council to reconsider such ordinance ; and if the
same is not entirely repealed, the council shall submit the ordinance, as is
provided by subdivision (b) of the preceding section, to the vote of the
electors of the city, either at a general election or at a special municipal
election to be called for that purpose ; and such ordinance shall not go into
effect or become operative unless a majority of the qualified electors voting
on the same shall vote in favor thereof. Said petition shall be in all re-
spects in accordance with the provisions of the preceding section, except as
to the percentage of signers, and be examined and certified to by the clerk
in all respects as therein provided.

History: En. Sac. 31, Oh. 67, L. 1911;
re-«n. S*c. 6396, K. 0. li. 192L

11-3135. (5397) Abandonment of commission form. Any city which
shall have operated for more than one year under the provisions of this
act may abandon such organization hereunder and accept the provisions
of the general law of the state then applicable to cities of its population.

Upon the petition of not less than ten per cent (10%) of the electors
of such city registered for the last preceding general election, the following
proposition shall be placed upon the ballot at the next regular city elec-
tion, provided the petition be filed at least sixty (60) days prior to the
date of such election:

"Shall the city of (name of city) abandon its organization under
chapter 57 of the acts of the twelfth leg^islative assembly and become a city
under the general law governing cities of like population; or if formerly
organized under special charter shall resume said special charter?"

If the majority of the votes cast at such election be in favor of such
proposition, the ofiBcers elected at the next succeeding biennial election
shall be those then prescribed by the general law of the state for cities
of like population, and upon the qualification of such officers such city
shall become a city under such general law of the state, but such change
shall not in any manner or degree affect the property, rights, or liabilities
of any nature of such city, but shall merely extend to each change in
its form of government.

The sufficiency of such petition shall be determined, the election ordered
and conducted, and the results declared, generally as provided for by
section 11-3132 of this code, insofar as the provisions thereof are appli-
cable ; or if now organized under special charter, may resume said special
charter. Whenever the form of government of any city is determined by
a vote of the people under the provision of this section, the same question
shall not be submitted again for a period of two (2) years, and any
ordinance adopted by a vote of the people shall not be repealed or the
same question submitted for a period of two (2) years.

CITIES AND TOWNS 11-3137

History: En. Sec. 32, Ch. 67, L. 1911; 5307, K. 0. M. 1921; amd. Bee. 1, Oh. 106.
amd. 8«c. 1, Ch. 128, L. 1913; re-enu Sec. L. 1961.

11-3136. (5398) Requirements of petitions. Petitions provided for in

this act shall be signed by none but legal voters of the city. Each petition

shall contain, in addition to the names of the petitioners, the street and

house number in which the petitioner resides, his length of residence in

the city. It shall also be accompanied by the affidavit of one or more

legal voters of the city, stating that the signers thereof were, at the time

of signing, legal voters of said city, and the number of signers at the

time the affidavit was made.

History: En. Sec. 33, Ch. 67, L. 1911;
re-en. Sec. 6398, B. 0. M. 1921; amd. 8«c.
2, Ch. 106. L. 106L

11-3137. (5399) Effect of a^t upon existing laws. All acts and parts of
acts, and all laws, not inconsistent with any of the provisions of this act,
now in force or hereafter enacted relative to municipal corporations, are
hereby continued in full force and effect, and shall be considered and con-
strued as not repealed by this act, except insofar as the same may be in
conflict or inconsistent with the provisions of this act.

History: En. Sec. 34, Ch. 57. L. 1911;
re-en. Sec. 6399, R. 0, M. 1921.

CHAPTER 32
COMMISSION-MANAGER FORM OF GOVERNMENT

Section 11-3201. Any city may reorganize under commission-manager form.

11-3202. Submission of question to electors — petition and order of election.

11-3203. Proclamation of election.

11-3204. Ballots— form.

11-3205. Certificate of result of election — election not to be held within two
years after failure to adopt.

11-3206. Special election for electing commissioners.

11-3207. Manner of conducting election — canvassing votes.

11-3208. Laws governing city — ordinances — territorial limits and property.

11-3209. Organization of communities or groups of communities as municipality
— election proclamation — election of commissioners.

11-3210. Powers of municipalities under commission-manager plan.

11-3211. Form of government to be known as commission-manager plan — com-
position of commission — powers.

11-3212. Qualification of commissioners — tenure of oflfice — expiration of terms.

11-3213. Filling of vacancies in commission.

11-3214. Qualifications of commissioners — holding other public office forbidden
— interest in contracts not allowed — accepting gratuities forbidden.

11-3215. Nomination of candidates — primary election.

11-3216. Ballots — form, contents and distribution — qualification of electors —
conduct of election.

11-3217. Arrangement of names of candidates on ballot.

11-3218. Date of holding regular elections — special elections.

11-3218.1. Dispensing of general election.

11-3219. Filing of election expenses of candidates — penalty for violations.

11-3220. Recall of commissioners — petition for recall.

11-3221. Issuance of petition papers.

11-3222. Signatures and affidavit to petition papers.

11-3223. Assembling and filing of petition papers.

11-3224. Notification of officer — recall election.

11-3201 ELECTION LAWS

11-3225. Ballots at recall election — requirements — nomination of candidates to
fill vacancies.

11-3226. Effect of majority vote for or against recall.

11-3227. Limitation upon time of filing recall petition.

11-3228. Working for candidate forbidden.

11-3229. Bribery' — false answers concerning qualifications of elector — voting by
disqualified person.

11-3230. Proposed ordinances — how submitted — requirements of petition to
submit.

11-3231. Signatures and affidavit to petitions.

11-3232. Assembling and filing of petition papers — hearing upon proposed ordi-
nances— submission to electors.

11-3233. Submission of petition and proposed ordinance to clerk.

11-3234. When proposed ordinance is to be submitted to electors.

11-3235. Contents of ballot — when proposed ordinance becomes effective.

11-3236. Repealing ordinances — publication, amendment and repeal of initiated
ordinances.

11-3237. When ordinances of commission take effect — petition for repeal sus-
pends effect unless law is complied wiUi.

11-3238. Reconsideration of ordinance — submission to electors — failure to ap-
prove operates as repeal.

11-3239. Contents and requirements of referendum petitions — ballots.

11-3240. Other ordinances subject to referendum.

11-3241. Highest affirmative vote prevails when referendum ordinances conflict

11-3242. Emergency ordinances subject to referendum — rules applicable.

11-3243. Ordinances providing for expenditures, bond issues, public improve-
ments submitted to electors — preliminary steps prior to election —
qualifications of electors.

11-3244. Oath and bond of commissioners.

11-3245. Designation of mayor — procedure in case of tie vote— vacancy in
office of mayor — powers and duties of mayor.

11-3246. Selection of successor to mavor in event of his recall — mayor when
all commissioners are recalled.

11-3247. Quorum of commissioners — recording votes and proceedings.

11-3248. Compensation of commissioners and mayor.

11-3249. Meetings of commission— unauthorized absence creates vacancy —
meetings and minutes to be public — rules and order of business.

11-3201. (5400) Any city may reorganize under commission-manager
form. Any municipality may abandon its organization and reorpranize un-
der the provisions of this act, by proceeding as hereinafter provided.

History: En. Sec. 1, Ch. 152, L. 1917;
re-en. Sec. &400, K. C. M. 1921.

11-3202. (5401) Submission of question to electors — petition and order
of election. Upon a petition being filed with the city or town council,
signed by not less than twenty-five per cent of the qualified electors of such
municipality registered for the last preceding general municipal election,
praying that the question of reorganization under this act be submitted
to the qualified electors of such municipality, said city or town council
shall thereupon, and within thirty days thereafter, order a special election
to be held, at which election the question of reorganization of such munici-
pality under the provisions of this act shall be submitted to the qualified
electors of such municipality.

Such order of the city or town council shall specify therein the time

when such election shall be held, which must be within ninety days from

the date of filing of such petition.

History: En. Sec. 2, Ch. 152, L. 1917;
re-en. Sec. 6401, E. C. M. 1921.

CITIES AND TOWNS 11-3206

11-3203. (5402) Proclamation of election. Upon the city or town coun-
cil ordering such special election to be held, the mayor of such municipality
shall issue a proclamation setting forth the purpose for which such special
election is held, and the date of holding such special election, which procla-
mation shall be published for ten consecutive days in each daily newspaper
published in said municipality, if there be such, otherwise once a week for
two consecutive weeks in each weekly newspaper published therein, and
such proclamation shall also be posted in at least five public places within
such municipality.

History: En. Sec. 3, Ch. 152, L. 1917;
re-en. Sec. 5402, R. 0. M. 1921.

11-3204. (5403) Ballots — form. At such election, the ballots to be used
shall be printed on plain white paper, and shall be headed "Special election
for the purpose of submitting to the qualified electors of (city, town) of
(name of city or town) under chapter (name of chapter containing this act)
of the acts of the fifteenth legislative assembly," and shall be substantially
in the following form :

For reorganization of the (city, town) of (name of city or town)
under chapter (name of chapter containing this act) of the acts of the
fifteenth legislative assembly.

Against reorganization of the (city, town) of (name of city or town)
under chapter (name of chapter containing this act) of the acts of the
fifteenth legislative assembly.

Such election shall be conducted, and vote canvassed and result de-
clared in the same manner as provided by law in respect to other municipal
elections.

History: En. Sec. 4, Ch. 152, L. 1917;
re-en. Sec. 5403, B. 0. M. 1921.

11-3205. (5404) Certificat* of result of election— election not to be
held within two years after failure to adopt. If such proposition is adopted,
the mayor shall transmit to the governor, to the secretary of state and to
the county clerk and recorder, each a certificate stating that such proposi-
tion was adopted. If such proposition shall not be adopted at such special
election, such proposition shall not again be submitted to the electors of
such municipality within a period of two years from the date of the last
submission.

History: En. Sec. 5, Oh. 162, L. 1917;
re-en. Sec. 5404, R. C. M. 1921; amd. Sec.
1, Ch. 31, L. 1923.

11-3206. (5405) Special election for electing commissioners. If the

majority of the votes cast at such election shall be in favor of such propo-
sition, the city or town council must hold a meeting within one week there-
after and at such meeting order a special election to be held for the purpose
of electing the number of commissioners to which such municipality shall
be entitled, which order shall specify the time of holding such election,
which must be within ninety days after the making of such order, and the
mayor shall thereupon issue a proclamation setting forth the purpoBo for
which such special election is held and the day of holding the numo, wJiich

11-3207 ELECTION LAWS

proclamation shall be published for ten successive days in each daily news-
paper published in such municipality if there be such, otherwise for two
successive weeks in each weekly newspaper published therein, and a copy
thereof shall also be posted at each voting place within said municipality
and also in five of the most public places in said municipality.

History: En. Sec. 6, COl 162, 1*. 1917;
re-eu. S*c. &406, B. 0. M. 1921; amd. Sec.
2, Oh. SI, L. 1923.

11-3207. (5406) Majmer of conducting election — canvassing votes.

Such election shall be conducted, the vote canvassed, and the result declared

in the same manner as provided by law in respect to other municipal

elections.

History: En. Sec. 7, Oh. 152, L. 1917;
re-en. Sec. 6406, K. 0. M. 1921.

11-3208. (5407) Laws governing city — ordinances — territorial limits
and property. All laws governing municipalities of like population, and
not inconsistent with the provisions of this act, shall apply to and govern
municipalities organized under this act. All by-laws, ordinances, and reso-
lutions lawfully passed and in force in any such municipality under its
organization, not in conflict herewith, shall remain in force until altered or
repealed by the commission under the provisions of this act. The terri-
torial limits of such municipality shall remain the same as under the former
organization, and all rights and property of every description which were
vested in any such municipality under its former organization shall vest in
the same under the organization herein contemplated, and no right or
liability either in favor of or against it, existing at the time, and no suit
or prosecution of any kind, shall be affected by such change, unless otherwise
provided for in this act.

History: En. Sec. 8, Oh. 152, L. 1917;
re-en. Sec. 5407, B. O. M. 1921.

11-3209. (5408) Organization of communities or groups of commnnities
as municipality — election proclamation — election of commissioners. When-
ever the inhabitants of any community or group of communities in any
county, whether separately incorporated in whole or in part, or unincor-
porated, which are situated in such proximity or location with reference
to each other as to make single municipal control necessary or desirable,
shall desire to be organized into or annexed to an incorporated city or
town under the provisions of this act, the board of county commissioners
of such county may, or upon the presentation of a petition signed by not
less than twenty-five per cent of the qualified electors in such community
or group of communities must, issue a proclamation ordering a special
election to be held, at which election the question of the organization of
such community or group of communities as a municipality under the
provisions of this act shall be submitted to the qualified electors within the
proposed municipal district. Said proclamation shall specify the time when
and the places where such election shall be held, which must be within
ninety days from the date of filing such petition, and shall define the bound-

CITIES AND TOWNS 11-3210

aries of said proposed municipal district, which shall include all such com-
munities and cities, and such additional adjacent territory as shall, in the
judgment of the board of county commissioners, provide for future urban
growth.

If a majority of the legal voters at said election vote in favor of the
organization of such municipal district, or in favor of annexation to an
incorporated city or town, then the board of county commissioners shall
declare the result of said elections, and immediately thereafter shall give
notice for thirty days in a newspaper published within the proposed muni-
cipal district, or if none be published therein, by posting notices in six
public places within the limits of said district of the time and place or
places of holding the first election for commissioners of such municipal
district under this law. At such election all electors qualified by the general
election laws of the state who have resided within the limits of the municipal
district for six months are qualified electors. The board of county commis-
sioners must appoint judges and clerks of election, and canvass and de-
clare the result thereof. The election must be conducted in the manner pre-
scribed by law for the election of county officers, and the commissioners so
elected must qualify in the manner prescribed by law .for county officers.

History: En. Sec. 9, Oh. 162, L. 1917;
amd. Sec. 1, Cb. 44, L. 1919; re-en. Sec.
6408, B. 0. M. 1921.

11-3210. (5409) Powers of municipalities tmder commission-manager
plan. The inhabitants of any municipality, coming under the provisions
of this act, as its limits now are, or may hereafter be, shall be a body
politic and corporate and have a corporate name, and as such shall have
perpetual succession, and may use a corporate seal. Through its duly elected
officers, it may sue ami be sued ; may acquire property in fee simple or lesser
interest, or estate by purchase, gift, devise, appropriation, lease, or lease
with the privilege to purchase for any municipal purpose; may sell, lease,
hold, manage, and control such property, and make any and all rules and
regulations by ordinance or resolution which may be required to carry
out fully all provisions of any conveyance, deed, or will, in relation to any
gift or bequest, or the provisions of any lease by which it may acquire
property; may acquire, construct, own, lease, and operate and regulate
public utilities; may assess, levy, and collect taxes for general and special
purposes on all the subjects or objects which the municipality may lawfully
tax ; may borrow money on the faith and credit of the municipality by the
issue or sale of bonds or notes of the municipality ; may appropriate money
of the municipality for all lawful purposes; may create, provide for, con-
struct, regulate and maintain all things of nature of public works and im-
provements ; may levy and collect assessments for improvement districts and
other local improvements; may license and regulate persons, corporations,
and associations engaged in any business, occupation, profession, or trade ;
may define, prohibit, abate, suppress, and prevent all things detrimental to
the health, morals, comfort, safety, convenience, and welfare of the in-
habitants of the municipality, and all nuisances and the causes thereof; may
regulate the construction, height, and the material used in all buildings, and

11-3211 ELECTION LAWS

the maintenance and occupancy thereof; may regulate and control the use,
for whatever purpose, of the streets and other public places ; may create,
establish, abolish, and organize offices, and fix the salaries and compensa-
tions of all officers and employees ; may make and enforce local sanitary
and police and other regulations; and may pass such ordinances as may be
expedient for maintaining and promoting peace, good government, and
welfare of the municipality, and for the performance of the functions there-
of. The municipality shall have all powers that now are or hereafter may be
granted to municipalities by the constitution or laws of Montana; and all
such powers, whether expressed or implied, shall be exercised and enforced
in the manner prescribed by this act, or when not prescribed therein, in such
manner as shall be prescribed by the ordinances or resolutions of the
commission.

History: En. S6C. 10, Ch. 162, L. 1917;
re-en. Sec. 6409, R, C. M. 1921.

11-3211. (5410) Form of government to be known as oommission-
majiager plan — composition of commission — powers. The form of govern-
ment provided for in this chapter shall be known as the "commission-
manager plan," and shall consist of a commission of citizens, who shall be
elected at large in the manner hereinafter provided. The commission shall
consist of three (3) commissioners for all municipalities having a population
of less than fifteen thousand (15,000) and five (5) commissioners for all
cities having a population of fifteen thousand (15,000) or more. The commis-
sion shall constitute the governing body, with powers as hereinafter pro-
vided, to pass ordinances, adopt regulations and appoint a chief administra-
tive officer to be known as the "city manager," and exercise all powers as
hereinafter provided.

History: En. Sec. 12, Ch. 152, L. 1917;
re-en. Sec. 6410, R. C. M. 1921; amd. Sec.
1, Ch. 60, L. 1943.

11-3212. (5411) Qualification of commissioners — tenure of office — ex-
piration of terma. The commissioners elected at the first election shall
qualify and their terms of office shall begin on the first Monday after their
election, and the terms of office of the mayor and councilmen or aldermen in
such city or town in office at the beginning of the term of office of the com-
missioners first elected under the provisions of this act shall cease and
terminate, and the terms of office of all their appointed officers, and of all
of the employees of such city or town, shall cease and terminate as soon
as the commissioners shall by resolution declare.

All commissioners shall serve for a term of four years and until their
successors are elected and have qualified; except that at the first election
the two candidates having the highest number of votes shall hold office
for a period of four years, less the time elapsed since the 31st day of
December of the odd numbered year last preceding. The terms of office of
all other candidates shall expire on the 31st day of December in any odd
numbered year following the special election provided for in this act, at
which the first commissioners are elected.

History: En. Sec. 13, Ch. 162, L. 1917;
re-en. Sec. 6411, B. C. M. 1921; amd. Sec.
3, Ch. 31, L. 1923.

CITIES AND TOWNS 11-3215

11-3213. (5412) Filling of vacancies in commission. Vacancies in the
commission shall be filled by the commission for the remainder of the unex-
pired term, but any vacancy resulting from a recall shall be filled in the
manner provided in such case.

History: En. Sec. 14, Ch. 152, L. 1917;
re-en. Sec. 5412, R. C. M. 1921.

11-3214. (5413) Qualifications of commissioners — holding other public
office forbidden — interest in contracts not allowed — accepting gratuities for-
bidden. Members of the commission shall be residents of the city or town
and have the qualifications of electors, and own real estate situated therein
to the assessed value of not less than one thousand dollars. Commissioners
and other officers and employees shall not hold any other public office or
employment, except in the state militia, as school trustees, or notary
publics, and shall not be interested in the profits or emoluments of any
contract, job, work, or service for the municipality. Any commissioner who
shall cease to possess any of the qualifications herein required, shall forth-
with forfeit his office, and any such contract in which any member is or may
be interested, may be declared void by the commission.

No commissioner or other officer or employee of said city or town shall

accept any frank, free ticket, pass or service directly or indirectly, from

any person, firm or corporation upon terms more favorable than are granted

to the public generally. Any violation of the provisions of this section

shall be a misdemeanor and shall also be sufficient cause for the summary

removal or discharge of the offender. Such provisions for free service shall

not apply to policemen or firemen in uniform or wearing their official

badges, where the same is provided by ordinance, nor to any commissioner,

nor to the city manager, nor to the city attorney, upon official business,

nor to any other employee or official of said city on official business who

exhibits written authority signed by the city manager.

History: En. Sec. 15, Oh. 162, L. 1917;
re-en. Sec. 5413, B. C. M. 1921; amd. Sec.
4, Cli. 31, L. 1923.

11-3215. (5414) Nomination of candidates — primary election. (1) Can-
didates to be voted for at all general municipal elections at which com-
missioners are to be elected under the provisions of this act shall be nomi-
nated by a primary election, and no other names shall be placed upon
the general ballot except those nominated in the manner hereinafter pre-
scribed. The primary election for such nominations shall be held on the
last Tuesday of August of the odd-numbered years.

(2) Any qualified elector of the municipality, who is the owner of real
estate situated therein to the value of not less than one thousand dollars,
desiring to become a candidate for commissioner, shall, at least ten days
prior to said primary election, file with the clerk of the commission a
statement of such candidacy in substantially the following form :

State of Montana, ^

County of J

11-3215 ELECTION LAWS

I, , being first duly sworn, say that I reside

at street, (city, town) of , county

of , state of Montana; that I am a qualified voter

therein ; that I am a candidate for nomination to the office of commis-
sioner to be voted upon at the primary election to be held on the last

Tuesday of August, 19 , and I hereby request that my name be

printed upon the official primary ballot for nomination by such primary

election for such office.

(Signed)

Subscribed and sworn to (or affirmed) before me by

on this day of , 19

(Signed)

And shall at the same time file therewith the petition of at least twenty-
five qualified voters requesting such candidacy. Each petition shall be
verified by one or more persons as to qualifications and residence, with
street number, of each of the persons so signing the said petition, and
the said petition shall be in substantially the following form :

(3) Petition Accompanying Nominating Statement.

The undersigned duly qualified electors of the (city, town) of

, and residing at the places set opposite our

respective names hereto, do hereby request that the name of (name of
candidate) be placed on the ballot as a candidate for nomination to
the office of commissioner at the primary election to be held on the last

Tuesday of August, 19 We further state that we know him to be a

qualified elector of said (city, town), and a man of good moral character,
and qualified, in our judgment, for the duties of such office, and we indi-
vidually certify that we have not signed similar petitions greater in
number than the number of commissioners to be chosen at the next gen-
eral municipal election.

Names of Qualifying Electors. Number. Street.

(Space for Signatures.)

State of Montana, ")

i^ss.

County of J

, being duly sworn, deposes and

says, that he knows the qualifications and residence of each of the per-
sons signing the appended petition, and that such signatures are genuine,
and the signatures of the persons whose names they purport to be.

(Signed)

Subscribed and sworn to before me this day

of , 19

Notary Public.

This petition, if found insufficient, shall be returned to

at No street,

, Montana.

(4) Immediately upon the expiration of the time of filing the state-
ments and petition for candidates, the clerk of the commission shall cause to

CITIES AND TOWNS 11-3216

be published for three consecutive days in all the daily newspapers pub-
lished in the municipality in proper form, the names of the persons that
are to appear upon the primary ballots, and if there be no daily news-
paper, then in two issues of any other newspaper that may be published
in said municipality, and the said clerk shall thereupon cause the primary
ballots to be printed, and authenticated with a facsimile of his signature.
(5) In the event the number of legally qualified candidates for the
office of commissioner at such primary election does not exceed twice the
number of vacancies in the commission to be filled, no municipal primary
election for the nomination of candidates for the office of commissioner
shall be held in said city for said year and such legally qualified candi-
dates shall be deemed duly nominated and shall be placed on the general

ballot.

History: En. Sec. 16, Ch. 152, L. 1917;
re-en. Sec. 5414, B. C. M. 1921; amd. Sec.
1, Ch. 36, L. 1961.

11-3216. (5415) Ballots — form, contents and distribution — qualification
of electors — conduct of election. (1) All ballots used in all elections held
under authority of this act shall be without party mark or designation. The
ballots shall be printed on plain, substantial white paper,

(2) Except that the crosses here shown shall be omitted, and that in
place of the names of persons here shown, there shall appear the names of
the persons who are candidates for nomination, the primary ballots shall
be substantially as hereinafter designated. Primary, regular and special
election ballots provided under authority of this act for the nomination or
election of commissioners shall not bear the name of any person or persons
or any issue other than those of candidates for the nomination or election
to the office of commissioner.

Official Primary Ballot.

Vote for (insert here a number equal to the number of persons to be
elected to the office of commissioner at the next regular municipal election.)

If you wrongly mark, tear or deface this ballot, return it and obtain
another.

Candidates for nomination to the office of commissioner at the primary
election.

John Doe

X Henry Smith

X George Jones

James Richards

Richard Doe

Official Ballot Attest :

11-3217 ELECTION LAWS
(Signature)

Clerk of the Commission.

(3) Having caused said ballots to be printed, the clerk of the commis-
sion shall cause to be delivered at each polling place a number of said
ballots, ten per cent in excess of the number of such voters registered in
such polling place at the last general municipal election. The persons who
are qualified to vote at the general election, shall be qualified to vote at
such primary election, and any person offering to vote, may be orally chal-
lenged by any elector of the municipality upon any or all grounds set forth
and specified in section 23-1220, and the provisions of sections 23-1221 to
23-1228, inclusive, shall apply at all challenges made at such election. Judges
of election shall immediately upon the closing of the polls, count the ballots
and ascertain the number of such vfttes cast in such precinct for each of the
candidates, and make return thereof to the clerk of the commission upon
proper blanks to be furnished by the clerk of the commission within twelve
hours of the closing of the polls. Not later than the first legal day after
he shall have received such returns, the clerk of the commission shall can-
vass said returns so received from all the polling precincts and shall make
and publish in all the newspapers in said municipality, at least once, the
result thereof. Said canvass by the clerk of the commission shall be made
publicly.

(4) The candidates for nomination to the office of commissioner who
shall have received the greatest vote in such primary election shall be placed
on the ballot at the next regular municipal election, in number not to
exceed double the number of vacancies in the commission to be filled.

(5) Except as otherwise in this act provided all electors of municipali-
ties under this act, who, by ordinances governing cities and towns incor-
'porated under the general municipal incorporation law, or by charter,
would be entitled to vote for the election of officers at any general municipal
election in such cities or towns, shall be qualified to vote at all elections
under this act ; and the ballots to be used at such general municipal elections,
shall be in the same general form as for such primary election so far as
applicable, and in all elections in such municipalities, the election precincts,
voting places, method of conducting the elections, canvassing of votes and
announcing the results, shall be the same as by law provided for the
election of officers in such cities or towns so far as the same are applicable
and not inconsistent with the provisions of this act.

History: En. Sec. 17, Ch. 152, L. 1917;
re-en. Sec. 6415, R. C. M. 1921; amd. Sec.
6, Ch. 31, L. 1923.

11-3217. (5416) Arrangement of names of candidates on ballot. The

names of candidates on all ballots used in any election held under the
authority of this act shall be printed in rotation, as follows:

The ballot shall be printed in as many series as there are candidates
for the office of commissioner. The whole number of ballots to be printed
shall be divided by the number of series, and the quotient so obtained

CITIES AND TOWNS 11-3220

shall be the number of ballots in each series. In printing the first series
of ballots, the names of candidates shall be arranged in alphabetical order.
After printing the first series, the first name shall be placed last and the
next series printed, and the process shall be repeated until each name in
the list shall have been printed first an equal number of times. The bal-
lots so printed shall then be combined in tablets, so as to have the fewest
possible ballots having the same order of names printed thereon together
in the same tablet.

History: En. Sec. 18, Ch. 152, L. 1917;
re-en. Sec. 5416, R. C. M. 1921.

11-3218. (5417) Date of holding regular elections — snecial elections. A

regular election for the choice of commissioners, provided for in this act,
shall be held on the first Tuesday after the first Monday in November of
any odd-numbered year, and on the first Tuesday after the first Monday in
November in each second year thereafter. Elections so held shall be known
as regular municipal elections. All other elections held under the provisions
of this act, excepting those for the nomination of candidates for the office
of commissioner, shall be known as special municipal elections.

History: En. Sec. 19, Ch. 152, L. 1917;
re-en. Sec. 5417, R. C. M. 1921.

11-3218.1. Dispensing of general election. Whenever, in any city op-
erating under a commission-manager form of government at a primary elec-
tion held in accordance with section 11-3215, the number of nominees shall
not exceed the number of officers to be elected, then such nominees shall
be deemed duly elected to the respective offices. Then, in that event, no gen-
eral municipal election shall be held in said city for said year. All matters,
other than the election of officers, upon which the general public shall vote
shall be disposed of at the primary election unless a special election is held
for that purpose.

History: En. Sec. 1, Ch. 75, L. 1955.

11-3219. (5418) Filing of election expenses of candidates — penalty for
violations. Every candidate for commissioner shall, within thirty (30) days
after the election, file with the clerk of the commission his sworn statement
of all his election and campaign expenses, and by whom such funds were
contributed.

Any violation of the provisions of this section, shall be a misdemeanor

and if committed by a successful candidate, give ground for the removal

from office.

History: En. Sec. 20, Ch. 152, L. 1917;
re-en. Sec. 5418, R. C. M. 1921; amd. Sec.
6, Ch. 31, L. 1923.

11-3220. (5419) Recall of commissioners — petition for recaU. Any or

all of the commissioners provided for in this act may be removed from
office by the electors. The procedure to effect such removal, shall be as
follows :

A petition demanding that the question of removing such officers be
submitted to the electors shall be filed with the clerk of the commission.

11-3221 ELECTION LAWS

Such petition for the recall of any or all of the commissioners shall be
signed by at least twenty-five per cent of the total number of registered
voters in the municipality.

The signature to such petition need not be appended to any one paper.

History: En. S«c. 21, Ota. 152, I*. 1917;
re-en. Sec. 6419. B. O. M. 1921.

11-3221. (5420) Issuance of petition papers. Petition papers shall be
procured only from the clerk of the commission, who shall keep a sufficient
number of such blank petitions on file for distribution as herein provided.
Prior to the issuance of such petition papers, an affidavit shall be made by
one or more qualified electors and filed with the clerk of the commission,
stating the name and the office of the officer or officers sought to be removed.
The clerk of the commission, upon issuing any such petition papers to
an elector, shall enter in a record, to be kept in his office, the name of
the elector to whom issued, the date of such issuance, and the number of
papers issued, and shall certify on such papers the name of the elector to
whom issued, and the date issued. No petition papers so issued shall be
accepted as part of the petition unless it bears such certificate of the
clerk of the commission, and unless it be filed as provided herein.

History: En. Sec. 22, Ch. 1S2, L. 1917;
re-en. Sec. 5420, B. 0. M. 1921.

11-3222. (5421) Signatures and affidavit to petition papers. Each
signer of a recall petition shall sign his name in ink or indelible pencil,
and shall place thereon, after his name, his place of residence by street and
number. To each such petition paper there shall be attached an affidavit of
the circulator thereof, stating the number of signers to such part of the
petition, and that each signature appended to the paper was made in his
presence and is the genuine signature of the person whose name it pur-
ports to be.

History: En. Sec. 23, Ch. 162, L. 1917;
re-en. Sec. 5421, B. 0. M. 1921.

11-3223. (5422) Assembling and filing of petition papers. All papers
comprising a recall petition shall be assembled and filed with the clerk of
the commission as one instrument within thirty days after the filing with
the clerk of the commission of the affidavit stating the name and the office
of the officer sought to be removed.

History: En. Sec 24, Ota. 152, L. 1917;
re-en. Sec. 6422, B. O. M. 192L

11-3224. (5423) Notification of officer— recaU election. The clerk of
the commission shall at once submit the recall petition to the commission,
and shall notify the officer sought to be recalled of such action. If the
official whose removal is sought does not resign within five days after such
notice, the commission shall thereupon order and fix a day for holding a
recall election. Any such election shall be held not less than seventy nor
more than eighty days after the petition has been presented to the commis-
sion, at the same time as any other general or special election held within

CITIES AND TOWNS 11-3228

such period; but if no such election be held within such period, the commis-
sion shall call a special recall election to be held within the time aforesaid.

History: En, Sec. 25, Oh. 152, L, 1917;
re-«n. Sec. 5423, B. C. M. 1921.

11-3225. (5424) Ballots at recall election — requirements — nomination of
candidates to fill vacancies. The ballots at such recall election shall con-
form to the following requirements :

With respect to each person whose removal is sought, the question shall
be submitted, "Shall (name of person) be removed from the oflBce of (name
of office) by recall?"

Immediately following each such question, there shall be printed on the
ballots the two propositions, in the order set forth:

"For the recall (name of person).

Against the recall (name of person)."
Immediately to the left of the proposition shall be placed a square in
which the electors, by making a cross mark (X), may vote for either of
such propositions. Under said questions shall be placed the names of can-
didates to fill the vacancy or vacancies. The name of the officer or officers
whose removal is sought shall not appear on the ballot as a candidate or
candidates to succeed himself or themselves.

Before any such recall election for the removal of commissioners shaU
be had, there shaU be nominated candidates to fiU the vacancy or vacan-
cies, the nominations therefor to be made by petition, which petition for
each candidate shall be signed by at least twenty-five registered electors,
and shall be filed at least thirty days prior to the date fixed for holding
such recall election ; and the form and requirements for said petition shall
be the same as hereinbefore provided in the ease of primary nominations.

History: En. Sec. 26, Ch. 152, L. 1917;
re-en. Sec. 5424, B. 0. M. 1921.

11-3226. (5425) Effect of majority vote for or against recall Should
a majority of the votes cast at a recall election be against the recall of the
officer named on the ballot, such officer shall continue in the office for the re-
mainder of his unexpired term, subject to recall as before. If a majority
of the votes cast at a recall election shall be for the recall of the officer
named on the ballot, he shall, regardless of any technical defects in the
recall petition, be deemed removed from office.

HUtory: En. Sec 27, Ch, 152, L. 1917;
r»-en. Sec. 5425, B. 0. M. 1921.

11-3227. (5426) Limitation npon time of filing recall petition. No re-
call petition shall be filed against a commissioner within six months after he
takes his office, nor, in case of an officer reelected in a recall election, until
six months after that election.

History: En, Sec. 28, Oh. 152, L. 1917;
re-en. Sec. 5426, B. 0. M. 192L

11-3228. (5427) Working for candidate forbidden. Any person who
shall agree to perform any services in the interest of any candidate for any
office provided in this act, in consideration of any money or other valuable

11-3229 ELECTION LAWS

thing for such services performed in the interest of any candidate, shall be
punished by a fine not exceeding three hundred dollars, or be imprisoned
in the county jail not exceeding thirty days, or both such fine and imprison-
ment.

History: En. Sec. 29, Ch. 152, L. 1917;
re-en- Sec. 5427, E. C. M. 1921.

11^229. (5428) Bribery — false answers concerning qualifications of
elector — voting by disqualified person. Any person offering to give a bribe,
either in money or other consideration, to any elector for the purpose of
influencing his vote at any election provided in this act, or any elector
entitled to vote at any such election receiving and accepting such bribe or
other consideration ; any person who agrees, by promise or written state-
ment, that he will do, or will not do, any particular act or acts, for the
purpose of influencing the vote of any elector or electors at any election pro-
vided in this act ; any person making false answer to any of the provisions
of this act relative to his qualifications to vote at such election; any person
wilfully voting or offering to vote at such election, who has not been a
resident of this state for one year next preceding said election, or who is
not twenty-one years of age, or is not a citizen of the United States, or
knowing himself not to be a qualified elector of such precinct where he
offers to vote ; any person knowingly procuring, aiding, or abetting any
violation hereof, shall be deemed guilty of a misdemeanor, and, upon con-
viction, shall be fined a sum of not less than one hundred dollars nor
more than five hundred dollars, or be imprisoned in the county jail not
less than ten nor more than ninety days, or both such fine and imprisonment.

History: En. Sec. 30, Ch. 162, L. 1917;
re-en. Sec. 5428, B. 0. M. 1921.

11-3230. (5429) Proposed ordinances — how submitted — requirements of
petition to snbmit. Any proposed ordinance may be submitted to the com-
mission by petition signed by at least ten per cent of the total number of
registered voters in the municipality. All petition papers circulated with
respect to any proposed ordinance shall be uniform in character and shall
contain the proposed ordinance in full, and have printed or written thereon
the names and addresses of at least five electors who shall be officially re-
garded as filing the petition, and shall constitute a committee of the peti-
tioners for the purposes hereinafter named.

History: En. Sec. 31, C?h. 152, L. 1917;
re-en. Sec. 5429, B. 0. M. 1921.

11-3231. (5430) Signatures and affidavit to petitions. Each signer of
a petition shall sign his name in ink or indelible pencil, and shall place on
the petition papers, after his name, his place of residence by street and
number. The signatures of any such petition papers need not all be appended
to one paper, but to each such paper there shall be attached an affidavit by
the circulator thereof, stating the number of signers to such part of the
petition, and that each signature appended to the paper is the genuine sig-

CITIES AND TOWNS 11-3235

nature of the person whose name it purports to be, and was made in the

presence of the affiant.

History: En. Sec. 32, Cli. 152, L. 1917;
re-en. Sec. 5430, R. C. M. 1921.

11-3232, (5431) Assembling ajid fiUng of petition papers — hearing upon
proposed ordinances — submission to electors. All papers comprising a peti-
tion shall be assembled and filed with the clerk of the conimission as one
instrument, and when so filed, the clerk of the commission shall submit the
proposed ordinance to the commission at its next regular meeting. Pro-
vision shall be made for public hearings upon the proposed ordinances.

The commission shall at once proceed to consider it, and shall take final

action thereon within thirty days from the date of submission. If the

commission rejects the proposed ordinance, or passes it in a different form

from that set forth in the petition, the committee of the petitioners may

require it to be submitted to a vote of the electors in its original form, or

that it be submitted to a vote of the electors with any proposed change,

addition, or amendment, if a petition for such election is presented bearing

additional signatures of fifteen per cent of the electors of the city or town.

History: En. Sec. 33, Ch. 152, L. 1917;
re-en. Sec. 5431, R. O. M. 1921.

11-3233. (5432) Submission of petition and proposed ordinance to clerk.

When an ordinance proposed by petition is to be submitted to a vote of the

electors, the committee of the petitioners shall certify that fact and the

proposed ordinance to the clerk of the commission within twenty days

after the final action on such proposed ordinance by the commission.

History; En. Sec. 34, Oh. 162, L. 1917;
re-en. Sec. 5432, K. C. M. 1921.

11-3234. (5433) When proposed ordinance is to be submitted to electors.

Upon receipt of the certificate and certified copy of the proposed ordinance,
the clerk shall certify the fact to the commission at its next regular meeting.
If an election is to be held not more than six months nor less than thirty
days after the receipt of the clerk's certificate by the commission, such pro-
posed ordinance shall then be submitted to a vote of the electors. If no
such election is to be held within the time aforesaid, the commission shall
provide for submitting the proposed ordinance to the electors at a special
election.

History: En. Sec. 36, Ch. 162, L. 1917;
re-en. Sec. 6433, E. C. M. 1921.

11-3235. (5434) Contents of ballot— when proposed ordinance becomes
effective. The ballots used when voting upon any such proposed ordinance
shall state the title of the ordinance to be voted on, and below it the two
propositions, "For the ordinance," and "Against the ordinance." Immedi-
ately at the left of each proposition there shall be a square, in which, by
making a cross (X), the voter may vote for or against the proposed ordi-

11-3236 ELECTION LAWS

nance. If a majority of the electors voting on any such proposed ordinance

shall vote in favor thereof, it shall thereupon become an ordinance of the

municipality.

History: En. Bee. 36, Oh. 152, L. 1917;
T^-ta. Sec. 5434, It. O. M. 192L

11-3236. (5435) Repealing ordinances — publication, amendment and re-
peal of initiated ordinances. Proposed ordinances for repealing any ex-
isting ordinance or ordinances, in whole or in p^rt, may be submitted to
the commission as provided in the preceding section for initiating ordi-
nances. Initiated ordinances adopted by the electors shall be published and
may be amended or repealed by the commission as in the case of other
ordinances.

History: En. Sec. 37, Ch. 152, L. 1917;
re-en. Sec. 5435, R. C. M. 1921.

11-3237. (5436) When ordinances of commission take effect — petition

for repeal suspends effect unless law is complied with. No ordinance passed

by the commission, unless it be an emergency measure, shall go into effect

until thirty days after its final passage by the commission. If at any time

within the said thirty days, a petition signed by twenty-five per cent of

the total number of registered voters in the municipality be filed with the

clerk of the commission, requesting that any such ordinance be repealed

or submitted to a vote of the electors, it shall not become operative until

the steps taken herein shall have been taken.

History: En. Sec. 38, Ch. 152, L. 1917;
re-en. Sec. 5436, E. C. M. 1921.

11-3238. (5437) Reconsideration of ordinance — submission to electors

— ^failure to approve operates as repeal. The clerk of the commission shall

deliver the petition to the commission, which shall proceed to reconsider the

ordinance. If, upon such reconsideration, the ordinance be not entirely

repealed, the commission shall provide for submitting to a vote of the

electors, and in so doing, the commission shall be governed by the provisions

herein contained, respecting the time of submission and manner of voting on

ordinances proposed to the commission by petition. If, when submitted to a

vote of the electors, any such ordinance be not approved by a majority of

those voting thereon, it shall be deemed repealed.

Hlatory: En. Sec. 39, CIl 152, L. 1917;
re-en. Sec. 5437, B. C. M. 1921.

11-3239. (5438) Contents and requirements of referendum petitions —
ballots. Referendum petitions need not contain the text of the ordinance,
the repeal of which is sought, but shall be subject in all other respects to
the requirements for petitions submitting proposed ordinances to the com-
mission. Ballots used in referendum elections shall conform in all respects
to those provided for in section 11-3235 of this code.

History: En. Sec. 40, Ch. 152, L. 1917;
re-en. B«:. 5438, B. C. M. 1921.

100

CITIES AND TOWNS 11-3244

11-3240. (5439) Other ordinances subject to referendum. Ordinances
submitted to the commission by initiative petition and passed by the com-
mission without change, or passed in an amended form and not required to
be submitted to a vote of the electors by the committee of the petitioners,
shall be subject to a referendum in the same manner as other ordinances.

History: En. S*c. 41, Oh. 152, L. 1917;
re-en. Sec. 6439, B. C. SI 1921.

11-3241. (5440) Highest aflarmative vote prevails vrhen referendum

ordiimnoes conflict. If the provisions of two or more ordinances adopted or

approved at the same election conflict, the ordinance receiving the highest

aflSrmative vote shall prevail.

History: En. Sec. 42, Ch. 162, L. 1917;
re-en. Sec. 6440, B. 0. M. 1921.

11-3242. (5441) Emergency ordinances subject to referendum— rules

applicable. Ordinances passed as emergency measures shall be subject to

a referendum in like manner as other ordinances, except that they shall go

into effect at the time indicated in such ordinances. If, when submitted to

a vote of the electors, an emergency measure be not approved by a majority

of those voting thereon, it shall be considered repealed as regards any

further action thereunder; but such measure so repealed shall be deemed

sufficient authority for payment, in accordance with the ordinance, of any

expense incurred previous to the referendum vote thereon.

History: En. Sec. 43, Ch. 182, L. 1917;
re-en. Sec. 5441, B. 0. M. 1921.

11-3243. (5442) Ordinances providing for expenditures, bond issues,

public improvements submitted to electors — preliminary steps prior to elec-

tioo — qualiflcatioais of electors. In case a petition be filed requiring that

a measure passed by the commission providing for an expenditure of money,

a bond issue, or a public improvement be submitted to a vote of the

electors, all steps preliminary to such expenditure, actual issuance of the

bonds, or actual execution of the contract for such improvement, may be

taken prior to the election ; and at such election only resident taxpayers of

such city or town whose names as such appear upon the assessment roll and

who are also qualified electors of said city or town, shall be entitled to

vote at such election. And at any and all elections in such city or town

at which questions relating to bond issues, tax levies, or the expenditure

of money shall be submitted, no person shall be entitled to vote unless

qualified as in this section provided.

History: En. Sec. 44, Ch. 152, L. 1917;
re-en. Sec. 5442, B. C. M. 1921; anid. Sec.
7,,Ch 31, L. 1923.

11-3244. (5443) Oath of commissioners. Every person who has been
declared elected commissioner, shall within ten (10) days thereafter take
and file with the clerk of the commission his oath of office in the form
and manner provided by law.

History: En. Sec. 45, Ch. 152, L. 1917; 8, Ch. 31, I* 1923; amd. Sec. 9, Ch. 67,
re-en. Sec. 5443, B. C. M. 1921; amd. Sec. L. 1967.

101

11-3245 ELECTION LAWS

11-3245. (5444) Designation of mayor — procedure in case of tie vote —
vacancy in office of mayor — powers and duties of mayor. The mayor shall
be that member of the commission, who, at the regular municipal election at
which the commissioners were elected, received the highest number of
votes. In case two candidates receive the same number of votes, one of them
shall be chosen mayor by the remaining members of the commission. In
event of a vacancy in the office of the mayor, by the expiration of his term
of office, the holdover commissioner having received the highest number of
votes shall be the mayor. In the event there is a vacancy in the office of the
mayor for any other cause, the remaining members of the commission shall
choose his successor for the unexpired term from their own number by lot.
The mayor shall be the presiding officer, except that in his absence, a presi-
dent pro tempore may be chosen. The mayor shall exercise such powers
conferred, and perform all duties imposed upon him by this act, the ordi-
nances of the municipality and the laws of the state, except that he shall
have no power to veto any measure. He shall be recognized as the official
head of the municipality by the courts for the purpose of serving civil proc-
esses, by the governor for the purposes of the military law, and for all
ceremonial purposes.

History: En. Sec. 46, Ch. 162, L. 1917;
re-en. Sec. 5444, B. C. M. 1921; amd. Sec.
9, Ch. 31, L. 1923.

11-3246. (5445) Selection of successor to mayor in event of his recall —
mayor when all commissioners are recalled. In the event that the commis-
sioner who is acting as mayor shall be recalled, the remaining members of
the commission shall select one of their number to serve as mayor for the
unexpired term. In the event of the recall of all the commissioners, the
person receiving the highest number of votes at the election held to deter-
mine their successor shall serve as the mayor.

History: En. Sec. 47, Ch. 152, L. 1917;
re-en. Sec. 5445, B.. C. M. 1921.

11-3247. (5446) Quorum of commissioners — recording votes and pro-
ceedings. In municipalities having three commissioners, two commissioners
shall constitute a quorum ; and the affirmative vote of two commissioners
shall be necessary to adopt or reject any motion, resolution, or ordinance,
or pass any measure unless a greater number is provided for in this act. In
municipalities having five commissioners, three commissioners shall con-
stitute a quorum, and the affirmative vote of three commissioners shall be
necessary to adopt or reject any motion, resolution, or ordinance, or pass
any measure unless a greater number is provided for in this act. Upon every
vote, the ayes and the nays shall be called and recorded, and every motion,
resolution, or ordinance shall be reduced to writing and read before the
vote is taken thereon.

History: En. Sec. 48, Ch. 152, L. 1917;
re-en. Sec. 6446, E. C. M. 1921.

11-3248. (5447) Compensation of commissioners and mayor. The sal-
ary of each comniissiuner ina^' be as folluw.s: For each formal meeting of

102

CITIES AND TOWNS 11-8330

record attended, cities or towns Avith loss than twenty-five thousand in-
habitants, twenty-five dollars ($25) ; provided that no more than one (1)
fee shall be paid for any one (1) day. For cities with more than twenty-
five thousand inhabitants, the annual salary of each commissioner shall
not exceed two thousand five hundred dollars ($2,500). The salary of the
commissioner acting as mayor may be one and one-half times that of the
other commissioners.

History: En. Sec. 49, Ch. 152, L. 1917; L. 1949; amd. Sec. 1, Cb. 71, L. 1965; amd.
amd. Sec. 2, Ch. 44, L. 1919; re-en. Sec. Sec. 1, Cli. 289, L. 1969.
5447, R. C. M. 1921; amd. Sec. 1, Ch. 10,

11-3249. (5448) Meetings of commission — imautliomed absence creates
vacancy — meeting-s and minutes to be public — rules and order of business.

At ten o'clock a. m. on the first Monday after the first day of January,
following a regular municipal election, the commission shall meet at the
usual place for holding the meetings of the legislative body of the munici-
pality, at which time the newly elected commissioners shall assume the
duties of their office. Thereafter, the commissioners shall meet at such
times as may be prescribed by ordinance or resolution, except that in munici-
palities having less than five thousand inhabitants, they shall meet regularly
at least once and not more than four times per month, and in municipalities
having more than five thousand inhabitants, they shall meet not less than
once every two weeks. Absence from five (5) consecutive regular meetings
shall operate to vacate the seat of a- member, unless such absence be author-
ized by the commission.

The commissioner acting as mayor, any two members of the commission
or the city manager, may call special meetings of the commission upon at
least twelve (12) hours written notice to each member of the commission,
served personally on each member or left at his usual place of residence.
All meetings of the commission shall be public and any citizen shall have
access to the minutes and records thereof at all reasonable times. The
commission shall determine its own rules and order of business and shall
keep a journal of its proceedings.

History: En. Sec. 50, Ch, 152, L. 1917;
re-en. Sec. 5448, R. C. M. 1921; amd. Sec.
10, Ch. 31, L. 1923.

CHAPTER 33

COMMISSION-MANAGER FORM OF GOVERNMENT (continued)
Section 11-3330. Abandonment of commission-manager plan — proceedings.

11-3330. (5514) Abandonment of commission-manager plan — proceed-
ings. Any municipality which shall have operated for more than two years
under the provisions of this act, may abandon such organization hereunder,
and accept the provisions of the general law of the state applicable to mu-
nicipalities of its population.

Upon the petition of not less than twenty-five per cent of the electors
of such municipality registered for the last preceding general election, a

103

11-3401 ELECTION LAWS

special election shall be called, at which the following proposition only shall
be submitted:

"Shall the (city or town) of (name of city or town) abandon its organ-
ization under (name of this act) and become a (city or town) under the
general law governing (cities or towns) of like population ; or if formerly
organized under special charter, shall resume said special charter?"

If the majority of the votes cast at such special eleciion be in favor
of such proposition, the officers elected at the next succeeding biennial
election shall be those then prescribed by the general laws of the state for
municipalities of like population, and upon the qualification of such officers,
such municipality shall become a municipality under such general law of
the state, but such change shall not in any manner or degree affect the
property, rights, or liabilities of any nature of such municipality, but shall
merely extend to each change in its form of government.

The sufficiency of such petition shall be determined, the election ordered

and conducted, and the results declared, as provided for by the provisions

of this act, in so far as the provisions thereof are applicable. Whenever

the form of government of a municipality is determined by a vote of the

people under the provisions of this section, the same question shall not be

submitted again for a period of two years, and any ordinance adopted by

the vote of the people shall not be repealed or the same question submitted

for a period of two years.

History: En. Sec. 117, Ch. 152, L. 1917;
re-en. Sec. 6514, B. C. M. 1921.

CHAPTER 34

CITY AND COUNTY CONSOLIDATED GOVERNMENT

Section 11-3401. Consolidated county and city government authorized.
11-3402. Petition — signatures required.

11-3403. Form of petition — certificate of county clerk — special election — notice.
11-3404. Form of ballot.
11-3405. Special election of commission — proclamation — nominations — conduct

of election.
11-3417. Effective date of ordinances — emergencies — submission to electors of

measures concerning franchises or special privileges.
11-3418. Recording and publishing of resolutions and ordinances.
11-3419. Initiative measures — petition.
11-3420. Action of commission on initiative petitions.
11-3421. Submission of initiative measure to electors.
11-3422. Time for submitting to electors — adoption on favorable vote.
11-3423. Effective date of initiative measure.
11-3424. Repealing ordinances may be initiated — publication, amending and

repealing of initiative measures by commission.
11-3425. Referendum — petition.

11-3426. Reconsideration of measure by commission — reference to electors.
11-3427. Voting on initiative or referendum measures — ballots.
11-3428. Preliminary acts authorized prior to submission of ordinance to

electors.
11-3429. Petitions for initiative, referendum or recall — signatures — affidavit.
11-3430. Petitions, assembling of papers comprising — clerk's certificate.
11-3431. Petitions — amendments — filing new petition not precluded by finding

of insufficiency.

11-3401. (5520.1) Consolidated county and city govermnent anthorixed.

The separate corporate existence and government of any county and of each

104

CITIES AND TOWNS 11-3404

and every citj and town therein may be abandoned and terminated and such
county and each and all of the cities and towns therein may be consolidated
and merged into one municipal corporation and government under this act
by proceeding as hereinafter provided.
History: En. Sec. 1, Ch. 121, L. 1923.

11-3402. (5520.2) Petition — signatures required. The question of tlio
abandonment and termination of the separate corporate existence and gov-
ernment of a county and of each and every city and town therein and the
consolidation and merging of the existence and government of sucli ('(juiity
and each and all of the cities and towns therein into one municipal corpo-
ration and government, under the provisions of this act, shall be submitted
to the qualified electors of such county if a petition be filed in the office
of the county clerk of such county, signed by at least twenty per centum
(20%) of the electors of said county whose names appear on the official
register of voters of the county on the date of the filing of such petition,
requesting that such question be submitted to the qualified electors of the
county.
History: En. Sec. 2, Ch. 121, L. 1923.

11-3403. (5520.3) Form of petition — certificate of county clerk— special
election — ^notice. Such petition shall be substantially in the form and shall
be signed, verified and filed in the manner prescribed in this act for initi-
ative, referendum and recall petitions, and shall designate therein the name
by which such consolidated government is to be known, which must be
either that of the county or of some one of the cities or towns therein. If
the county clerk shall find that such petition, or amended petition, so filed,
is signed by the required number of qualified electors he shall so certify to
the board of county commissioners of such county at their next regular
meeting, and such board shall thereupon, and within ten daj's after receiv-
ing the clerk's certificate, order a special election to be held at which elec-
tion such question shall be submitted to the qualified electors of the coun-
ty. Such order shall specify the time when such election shall be held, which
shall be not less than ninety nor more than one hundred and twenty days
from and after the day when such order is made, and the board of county
commissioners shall immediately upon making such order issue a procla-
mation setting forth the purpose for which such special election is held and
the date of holding the same, which proclamation must be published and
posted in the manner prescribed by section 23-105.
History: En. Sec. 3, Cli. 121, L. 1923.

11-3404. (5520.4) Form of ballot. At such election the ballots to be
used shall be printed on plain white paper, shall conform as nearly as pos-
sible to the ballots used on general elections, and shall have printed thereon
the following.

"Shall the corporate existence and government of the County of

and of each and every city and town therein be consoli-

105

11-3405 ELECTION LAWS

dated and merged into one municipal corporation and government under
the provisions of Chapter (giving the number of this act), Acts of the
Eighteenth Legislative Assembly of the State of Montana, to be known and
designated as 'City and County of V"

D YES.

D NO.

Such election shall be conducted, vote returned and canvassed and re-
sult declared in the same manner as provided by law in respect to general
elections.
History: En. Sec. 4, Ch. 121, L. 1923.

11-3405. (5520.5) Special election of commission — proclamation — nomi-
nations— conduct of election. If the majority of the votes cast at such
election shall be in favor of such consolidation and merging, the board of
county commissioners of such county must, within two weeks after such
election returns have been canvassed, order a special election to be held for
the purpose of electing the number of members of the commission to which
such consolidated municipality shall be entitled, which order shall specify
the time when such election shall be held, which shall be not less than
ninety nor more than one hundred and twenty days from and after the day
when such order is made, and the board of county commissioners, immedi-
ately upon making such order, shall issue a proclamation setting forth the
purpose for which such special election is held and the date of holding the
same, which proclamation must be published and posted in the manner pre-
scribed by section 23-105, provided, however, that if any general election is
to be held in such county after three months but within six months from the
date of the making of such order then such order shall require such special
election to be held at the same time as such general election. No primary
election shall be held for the purpose of nominating candidates for members
of the commission hereinafter provided for, to be voted for at such special
election, but such candidates shall be nominated directly by petition which
shall be in substantially the same form and be signed by the same number
of signers as hereinafter required for primary nominating petitions. Such
election shall be conducted, vote returned and canvassed and result de-
clared in the same manner as provided by law in respect to general elections.
History: En. Sec. 5, Ch. 121, L. 1923.

11-3417. (5520.17) Eflfective date of ordinances — emergencies — submis-
sion to electors of measures concerning franchises or special privileges.

Ordinances making the annual tax levy, ordinances and resolutions providing
for local improvements and assessments, and emergency measures shall take
effect at the time indicated therein. All other ordinances and resolutions
enacted by the commission shall be in effect from and after thirty days from
the date of their passage. Ordinances adopted by the electors shall take
effect at the time fixed therein, or, if no time is specified, thirty days after
the adoption thereof. An emergency measure is an ordinance or resolution
to provide for the immediate preservation of the public peace, health or
safety, in which the emergency claimed is set forth and defined in a preamble

106

CITIES AND TOWNS 11-3421

thereto. The affirmative vote of at least two-thirds of the members of the
commission shall be required to pass an emergency ordinance or resolution.
No measure making or amending a grant, renewal or extension of a fran-
chise or other special privilege shall ever be passed without first submit-
ting the application therefor to the resident freeholders in the manner pro-
vided by sections 11-1207 and 11-1208.
History: En. Sec. 17, Oh. 121, L. 1923.

11-3418. (5520.18) Recording and publishing of resolutions ajid ordi-
nances. Every ordinance or resolution upon its final passage shall be re-
corded in a book kept for that purpose and shall be authenticated by the
signatures of the president and clerk. Within ten days after its final passage
each ordinance or resolution shall be published at least once in such manner
as the commission may by ordinance provide.
History: En. Sec. 18, Ch. 121, L. 1923.

11-3419. (5520.19) Initiative measures — petition. Any proposed ordi-
nance, except an ordinance making a tax levy or appropriation, may be sub-
mitted to the commission by petition signed by ten per centum (10%) of the
qualified electors of the municipality whose names appear on the register of
voters on the date when the proposed ordinance is submitted to the com-
mission. All petition papers circulated with respect to any proposed ordi-
nance shall be uniform in character and shall contain the proposed
ordinance in full.

History: En. Sec. 19, Ch. 121, L. 1923.

11-3420. (5520.20) Action of commission on initiative petitions. If an

initiative petition, or amended petition be found sufficient by the clerk
he shall so certify and shall submit the ordinance therein set forth to the
commission at its next meeting, and the commission shall at once read and
refer it to an appropriate committee, which may be a committee of the
whole. Provision shall be made for public hearings upon the proposed ordi-
nance before the committee to which it is referred. Thereafter the commit-
tee shall report the ordinance to the commission, with its recommendations
thereon, not later than sixty days aftfer the date on which such ordinance
was submitted to the commission by the clerk. Upon receiving the ordi-
nance from the committee the commission shall proceed at once to consider
it and shall take final action thereon within thirty days from the date of
such committee report.
History: En. Sec. 20, Cli. 121, L. 1923.

11-3421. (5520.21) Submission of initiative measure to electors. If the

commission fail to pass an ordinance proposed by initiative petition, or pass
it in a form different from that set forth in the petition therefor, the com-
mittee of the petitioners hereinafter provided for may require that it be
submitted to a vote of the electors either in its original form or with any
change or amendment presented in writing either at a public hearing before
the committee to which the proposed ordinance was referred or during the
consideration thereof by the commission. If the committee of petitioners re-

107

11-3422 ELECTION LAWS

quire the submission of a proposed ordinance to a vote of the electors they
shall certify that fact to the clerk and file in his oflSce a certified copy of the
ordinance, in the form in which it is to be submitted, within ten days after
final action on such ordinance by the commission.
History: En. Sec. 21, Ch. 121, L. 1923.

11-3422. (5520.22) Time for iubmitting to electors — adoption on favor-
able vote. Upon receipt of the certified copy of a proposed ordinance from
the committee of the petitioners the clerk shall certify the fact to the com-
mission at its next regular meeting. If a municipal election is to be held
within six months but more than ninety days after the receipt of the clerk's
certificate by the commission, such proposed ordinance shall be submitted to
a vote of the electors at such election. If no such election is to be held
within the time aforesaid the commission may provide for submitting the
proposed ordinance to the electors at a special election to be held not sooner
than ninety days after receipt of the clerk's certificate. If no municipal
election be held within six months as aforesaid, and the commission does not
provide for a special election, the proposed ordinance shall be submitted
to the electors at the first election held after the expiration of such six
months. If, when submitted to the electors, a majority of those voting on
a proposed ordinance shall vote in favor thereof, it shall thereupon be an
ordinance of the municipality.
History: En. Sec. 22, Ch. 121, L. 1923.

11-3423. (5520.23) Effective date of initiative measure. When an ordi-
nance proposed by initiative petition is passed by the commission in a
changed or amended form, and the committee of the petitioners require that
such proposed ordinance be submitted to a vote of the electors as hereinbe-
fore provided, the ordinance as passed by the commission shall not take
effect until after such vote, and, if the proposed ordinance so submitted, be
approved by a majority of the electors voting thereon, the ordinance as
passed by the commission shall be deemed repealed.
History: En. Sec. 23, Ch. 121, L. 1923.

11-3424. (5520.24) Repealing ordinances may be initiated — publication,
amending and repealing of initiative measures by commission. Proposed
ordinances for repealing any existing ordinance or ordinances, in whole or
in part, may be submitted to the commission as provided in the preceding
sections for initiating ordinances. Initiated ordinances adopted by the elec-
tors shall be published, and may be amended or repealed by the commission,
as in the case of other ordinances.
History: En. Sec. 24, Ch. 121, L. 1923.

11-3426. (5520.25) Referendum — petition. The electors shall have
power to approve or reject at the polls any ordinance passed by the com-
mission, except an ordinance making a tax levy or an emergency measure,
such power being known as the referendum. Ordinances submitted to the
commission and passed by the commission without change, or passed in an
amended form and not required by the committee of the petitioners to be
submitted to a vote of the electors, shall be subject to the referendum in the

108

CITIES AND TOWNS 11-3428

same manner as other ordinances. If, within thirty days after the final
passage of an ordinance, a petition signed by ten per centum (10%) of the
qualified electors whose names appear on the register of voters on the date
when such petition is filed, shall be filed with the clerk requesting that the
ordinance, or any specified part thereof, be either repealed or submitted to a
vote of the electors, it shall not become operative until the steps indicated
herein have been taken. Referendum petitions shall contain the text of
the ordinance, or part thereof, the repeal of which is sought.
History: En. Sec. 25, Oh. 121, I* 1923.

11-3426. (5520.26) Reconsideration of measure by commission — ^refer-
ence to electors. If a referendum petition, or amended petition, be found
sufficient by the clerk he shall certify that fact to the commission at its next
regular meeting and the ordinance or part thereof set forth in the petition
shall not go into effect, or further action thereunder shall be suspended if it
shall have gone into effect, until approved by the electors as hereinafter
provided. Upon receipt of the clerk's certificate the commission shall proceed
to reconsider the ordinance or part thereof and its final vote upon such
reconsideration shall be upon the question "Shall the ordinance (or part of
the ordinance) set forth in the referendum petition be repealed?" If upon
such reconsideration the ordinance, or part thereof, be not repealed it shall
be submitted to the electors at the next municipal election held not less
than ninety days after such final vote by the commission. The commission
by vote of not less than two-thirds of its members may submit the ordi-
nance, or part thereof, to the electors at a special election to be held not
sooner than the time aforesaid. If when submitted to the electors any
ordinance, or part thereof, be not approved by a majority of those voting
thereon it shall be deemed repealed.
History: £n. Sec. 26, Oh. 121, L. 1923.

11-3427. (5520.27) Voting on initiative or referendun measures — ^bal-
lots. Ordinances, or parts thereof, submitted to vote of the electors in ac-
cordance with the initiative and referendum provisions of this act shall be
submitted by ballot title which shall be prepared in all cases by the director
of law. The ballot title may be distinct from the legal title of any such
proposed or referred ordinance and shall be a clear, concise statement, with-
out argument or prejudice, descriptive of the substance of such ordinance or
part thereof. The ballot used in voting upon any ordinance, or part thereof,
shall have below the ballot title the two following propositions, one above
the other, in the order indicated: "For the ordinance" and "Against the
ordinance." Immediately at the left of each proposition there shall be a
square in which by making a cross mark (X) the elector may vote for or
against the ordinance or part thereof. Any number of ordinances, or parts
thereof, may be voted upon at the same election and may be submitted on
the same ballot, but the ballot used for voting thereon shall be for that
purpose only.
History: En. Sec. 27, Oh. 121, L. 192S.

11-3428. (5520.28) Preliminary acts authorized prior to submission of
ordinance to electors. In case a petition be filed requiring that an ordinance

109

11-3429 ELECTION LAWS

passed by the commission providing for the expenditure of money, a bond
issue, or a public improvement be submitted to a vote of the electors, all
steps preliminary to such actual expenditure, actual issuance of bonds, or
actual execution of the contract for such improvement, may be taken prior
to the election.
History: En. Sac. 28, Oh. IZL, L. 1923.

11-3429. (5520.29) Petitions for initiative, reierendmn or recall— sisn^ft-
tnres — affidavit. The signatures to initiative, referendum or recall petitions
need not all be appended to one paper, but to each separate petition paper
there shall be attached an afiSdavit of the circulator thereof as provided by
this section. Each signer of any such petition paper shall sign his name in
ink or indelible pencil and shall indicate after his name his place of resi-
dence by street and number, or other description sufficient to identify the
place. There shall appear on each petition paper the names and addresses
of five electors of the municipality, who, as a committee of the petitioners,
shall be regarded as responsible for the circulation and filing of the petition.
The affidavit attached to the petition paper shall be as follows :

State of Montana, city and county of ,

, being duly sworn, deposes and

says that he is the circulator of the foregoing paper and that the signatures
appended thereto were made in his presence and are the genuine signatures
of the persons whose names they purport to be.

Signed

Subscribed and sworn to before me this day of

,19

Notary public for the state of Montana.

Residing at , Montana.

My commission expires

History: En. Sec. 29, Oh. 121, L. 1923.

11-3430. (5520.30) Petitions, assembling of papers comprising — clerk's

certificate. All petition papers comprising an initiative, referendum or re-
call petition shall be assembled and filed with the clerk as one instrument.
Within ten days after a petition is filed the clerk shall determine whether it
is signed by a sufficient number of electors and shall attach thereto a certifi-
cate showing the result of his examination. If he shall certify that the
petition is insufficient he shall set forth in his certificate the particulars in
which it is defective and shall at once notify the committee of the petition-
ers of his findings.
History: En. Sec. 30, Oh. 121, L. 1923.

11-3431. (5520.31) Petitions — amendments — filing new petition not
precluded by finding of insufficiency. An initiative, referendum or recall
petition may be amended at any time within ten days after the making of a
certificate of insufficiency by the clerk, by filing a supplementary petition

110

CITIES AND TOWNS 11-3431

upon additional papers signed and filed as provided in case of an original
petition. The clerk shall, within five days after such amendment is filed,
make examination of the amended petition and, if his certificate shall show
the petition still to be insufficient, he shall file it in his office and notify the
committee of the petitioners of his findings and no further action shall be
had on such insufficient petition. The finding of the insufficiency of a
petition shall not prejudice the filing of a new petition for the same purpose.
History: En. Sec. 31, Cll. 121, L. 1923.

Ill

11-3530 ELECTION LAWS

CHAPTER 35

CITY AND COUNTY CONSOLIDATED GOVERNMENT (continued)

Section 11-3530. Elections — officers to act.

11-3531. Municipal primary election — when held — nominees, majority vote
elects — time for polls to be open — conduct of election.

11-3532. Nominating petitions.

11-3533. Form of nominating petition.

11-3534. Filing of petitions — notification of nominees — entry of names on ballot.

11-3535. Ballots — party designation forbidden — form.

11-3536. Ballot — order of names.

11-3537. Ballots — blank spaces.

11-3538. Notices — primary election — municipal election — publication.

11-3539. Ballots at municipal election — what names to appear.

11-3540. Removal of commissioners — recall petitions.

11-3541. Recall petitions — signatures — filing — amendment.

11-3542. Recall election — notice to officer whose removal sought — time for
holding.

11-3543. Separate removals require separate petitions — nomination of succes-
sors.

11-3544. Recall elections — voting machines not used — form of ballots.

11-3545. Result of votes — removal — designation of successor.

11-3546. Resignation pending recall election, result of.

11-3547. Limitation on filing recall petitions.

11-3549. Political participation by appointees forbidden.

11-3550. Penalizing appointees for not participating in politics forbidden —
appointees not to act as officers of political organization or circulate
petitions.

11-3551. Penalty for violations.

11-3559. Resolution declaring creation of consolidated government — effective
date of merger — legal status.

11-3530. (5520.90) Elections — ofiBcers to act. For any election held on
the question of the adoption of this act, and for the first election of members
of the commission thereunder, if adopted the county clerk and board of
county commissioners shall exercise the powers and perform the duties
respecting elections prescribed for county clerks and boards of county com-
missioners by the general laws of the state. After the adoption of this act
by the electors of the county, and the election and qualification of a commis-
sion thereunder, the powers and duties of county clerks and boards of county
commissioners under the general election laws of the state shall devolve
upon the clerk and commission of the municipality and, except as otherwise
provided in this act, the provisions of such laws shall continue to apply to
all elections held within the municipality.
History: En. Sec. 89, Ch. 121, L. 1923.

11-3531. (5520.91) Municipal primary election— when held — nominees,
majority vote elects — time for polls to be open — conduct of election. A

municipal primary election for the choice of members of the commission
shall be held on the last Tuesday in April in each year in which members of
the commission are to be elected. All candidates for the commission re-
ceiving a majority of the votes cast at the municipal primary election shall
be deemed and declared elected t*) the commission. If candidates equal to the
number of members of the commission to be elected do not receive a majority
of the votes cast at such primary election, a municipal primary election shall
be held on the first Tuesday in June next following the election. At all muni-
cipal elections the polls shall be open from 8 a. m. to 6 p. m. The time,

112

CITIES AND TOWNS 11-3533

manner and method of establishing election precincts and polling places
and appointment of judges of election and the method of conducting elec-
tion, registering voters therefor, counting the votes cast thereat, and can-
vassing the returns thereof, shall be as prescribed by the general election
laws of the state.
History: En. Sec. 90, Oh. 121, L. 1923.

11-3532. (5520.92) Nominating petitions. Any elector of the munici-
pality eligible to membership in the commission may be placed in nomina-
tion therefor by petition filed with the clerk and signed by at least two per
centum (2%) of the qualified electors whose names appear upon the official
register of voters of the municipality. The signatures to a nominating
petition need not all be appended to one paper, but to each separate leaf of
the petition there shall be attached an affidavit of the circulator thereof
stating that each signature appended thereto was made in his presence and
is the genuine signature of the person whose name it purports to be. Each
signer of a petition shall sign his name in ink or indelible pencil and, after
his name, shall designate his residence by street and number or other de-
scription sufficient to identify the place, and give the date when his signature
was made. No elector shall sign petitions for more candidates for the com-
mission than the number of places to be filled therein at the forthcoming
primary election.
History: En. Sec. 91, Ch. 121, L. 1923.

11-3533. (5520.93) Form of nominating petition. The form of nomina-
ting petition papers shall be substantially as follows :

We, the undersigned electors of the city and county of ,

hereby nominate whose residence is

for the office of commissioner, to be voted for at the primary election to

be held on the last Tuesday of April, 19 , and we individually certify

that we are qualified to vote for candidates for the above office and that

we have not signed nominating petitions for more than

candidates for the commission.

Residence (street and number) or description to identify place.

Name. Date.

State of Montana, city and county bf ss.

, being duly sworn, deposes and says that he

is the circulator of this petition paper ; that the signatures appended there-
to were made in his presence and are the genuine signatures of the persons
whose names they purport to be.

Signed

Subscribed and sworn to before me this day of

,19

Notary public for the state of Montana, residing at ,

Montana. My commission expires , 19

Kiftoiy. En. Sec. 92; Oh. 121, I.. 1923.

113

11-3534 ELECTION LAWS

11-3534. (5520.94) Filing of petitions — notification of nominees — entry
of liAmes on ballot. All separate leaves comprising a nominating petition
shall be assembled and filed with the clerk as one instrument at least thirty
days prior to the next succeding last Tuesday in April. Within five days
after the filing of the nomination petition the clerk shall notify the person
named therein as a candidate whether such petition is signed by the required
number of qualified electors. Any eligible person placed in nomination as
hereinbefore provided shall have his name printed on the ballots and placed
upon any voting machine used at the primary election, if within five days
after such nomination, he shall have filed with the clerk a written accept-
ance of the nomination.
History: En. S«c. 93, Ch. 121, L. 1923.

11-3535. (5520.95) Ballote — party designation forbidden — form. No

party mark or designation shall appear on the ballots, or in connection with
the names of candidates on any voting machine, used in the election of
members of the commission. Each elector may vote for as many candidates
for the commission as there are places to be filled therein ; but any ballot
marked for more candidates than the number of places to be filled shall not
be counted for any of the candidates for which marked. The ballots shall
be in form substantially as follows:

MUNICIPAL ELECTION

City and county of

(Month and day of month), 19

FOR COMMISSIONERS
Do not vote for more than

History: En. Sec. 94, Oh. 121, L. 1923.

11-3536. (5520.96) Ballot — order of names. At 2 o'clock p. m. on the
tenth day before any election at which members of the commission are to
be nominated and elected, the clerk shall publicly determine by lot the order
in which the names of candidates for election to the commission shall be
printed on the ballots, or appear on any voting machine, to be used at
such election.
History: En. Sec. 95, Oh. 121, L. 1923.

11-3537. (5520.97) Ballots— blank spaces. As many blank spaces shall
be left on the ballots below the printed names of candidates for the commis-
sion as there are places to be filled therein. In any such space an elector
may write the name of any eligible person, and a vote cast for such person
shall be counted as though for a candidate whose name is printed on the
ballots.
History: En. Sec. 96, Oh. 121, L. 1923.

11-3538. (5520.98) Notices — primary election — municipal election —
publication. On the tenth day prior to the municipal primary election the
clerk shall cause notice thereof to be published in such daily newspaper or

114

CITIES AND TOWNS 11-3540

newspapers, printed and published within and of general circulation in the
municipality as the commission may have designated, and if there be no daily
newspaper then in such weekly newspaper or newspapers as may be so
designated. In case the commission fail to designate such newspaper or
newspapers, the clerk shall cause the notice to be published in such news-
paper or newspapers printed and published within and of general circulation
in the municipality as he may select. Such published notice shall contain a
list of the candidates for the commission nominated as hereinbefore pro-
vided, and state the time of holding the election. On the tenth day prior
to a municipal election held on the first Tuesday in June the clerk, under
like conditions, shall cause a similar notice to be published concerning that
election. The commission may also provide for giving notice of such elec-
tions by other means.
History: En. Sec. 97, Ch. 121, L. 1923.

11-3539. (5520.99) Ballots at municipal election — what names to ap-
pear. At any municipal election held for the choice of members of the
commission of the first Tuesday in June following a municipal primary
election there shall be printed on the ballots and placed on the voting
machines the names of the candidates receiving the highest number of votes
at the municipal primary election, except the names of those elected to the
commission thereat, and the number of names so printed on the ballots and
placed on the voting machines shall be equal to double the number of places
remaining to be filled in the commission. If, by reason of their having re-
ceived the same number of votes, it cannot be determined which of two or
more candidates shall have his name, or their names, printed on the ballots
and placed on the voting machines, then, notwithstanding the foregoing pro-
visions of this section the names of all such candidates receiving the same
number of votes shall be printed on the ballots and placed on the voting
machines. The candidates for the commission at an election held on the
first Tuesday in June, equal in number to the places remaining to be filled
in the commission, who receive the highest number of votes shall be declared
elected. A tie between two or more candidates shall be decided by lot in the
presence of such candidates and under the direction of the clerk.
History: En. Sec. 98, Ch. 121, L. 1923.

11-3540. (5520.100) Removal of commissioners — recall petitions. Any
member of the commission may be removed from office by the electors of the
municipality. The procedure for effecting such a removal shall be as
follows :

Any elector of the municipality may make and file an affidavit with
the clerk requesting that petition be issued demanding an election for the
recall of any member of the commission. Any such affidavit shall state
the name of the person whose removal from the commission is sought and
the grounds alleged for such removal. Upon the filing of such an affidavit
the clerk shall deliver to the elector making the affidavit copies of petition
papers for demanding such an election, printed copies of which the clerk
shall keep on file for distribution as herein provided. In issuing any such
petition paper the clerk shall enter in a record to be kept in his office the

115

11-3541 ELECTION LAWS

name of the elector to whom issued, the date of issuance, the number of
papers issued, and shall certify on each paper the name of the elector and the
date of issuance. No petition paper shall be accepted as part of a petition
unless it bear such certification of the clerk and unless filed as hereinafter
provided.
History: En. Sec. 99, Ob. 121, L. 1923.

11-3541. (5520.101) Recall petitions — signatures — flling — amend-
ment. A petition for a recall election to be effective must be returned and
filed with the clerk within thirty days after the filing of the aflSdavit as pro-
vided in last preceding section, and to be suflBcient must be signed by at
least twenty per centum (20%) of the qualified electors of the municipality
whose names appear on the oflBcial register of voters of the municipality
on the date when such petition is returned and filed with the clerk. If any
such petition is insufficient as originally filed it may be amended as provided

in this act.
History: En. Sec. 100, Cb. 121, L. 1923.

11-3542. (5520.102) Recall election — ^notice to oflacer whose removal
sought — time for holding. If a petition for a recall election, or an amended
petition, shall be certified by the clerk to be sufficient, he shall at once sub-
mit it to the commission with his certificate to that effect and shall notify
the member of the commission whose removal is sought of such action.
Unless the member whose removal is sought resign within five days after
such notice, the commission shall thereupon order and fix a day for holding
a recall election. Any such election shall be held not less than ninety nor
more than one hundred and twenty days after the petition has been pre-
sented to the commission and may be held at the same time- as any other
election held within such period ; but, if no other election be held within
such period, the commission shall call a special recall election to be held

within the time aforesaid.
History: En. Sec. 101, Ch. 121, L. 1923.

11-3543. (5520.103) Separate removals require separate petitions —
nomination of successors. The question of recalling any number of mem-
bers of the commission may be submitted at the same election, but as to
each member whose removal is sought a separate petition shall be filed and
provision shall be made for an entirely separate printed ballot. Candidates
to succeed any person whose removal is sought shall be placed in nomina-
tion by petition signed, filed and verified as provided for nominating peti-
tions for a municipal primary election ; except that each petition paper shall
specify that the candidate named therein is a candidate to succeed a
particular person whose removal is sought.
History: En. Sec. 102, Ch. 121, L. 1923.

11-3544. (5520.104) Recall elections — voting machines not used — form
of ballots. Voting machines shall not be used in recall elections, and the
printed ballots shall be in form substantially as follows:

116

CITIES AND TOWNS 11-3549

RECALL ELECTION

City and County of

(Month and day of month) 19

SHALL (name of person) BE REMOVED FROM THE COMMISSION
BY RECALL?

FOR THE RECALL OF
(Name of Person.)

AGAINST THE RECALL OF
(Name of Person.)

CANDIDATE
To succeed (name of person) if recalled. Vote for but one.

History: En. Sec. 103, Oh. 121, L. 1923.

11-3545. (5520.105) Result of votes — removal — designation of succes-
sor. If a majority of the votes cast on the question of recalling a member
of the commission as hereinbefore provided be against his recall he shall
continue in office for the remainder of his unexpired term, but subject to
recall as before. If a majority of such votes be for the recall of such mem-
ber he shall, regardless of any defect in the recall petition, be deemed re-
moved from office. "When a member is removed from the commission by
recall the candidate to succeed such member who receives the highest num-
ber of votes shall succeed the member so removed for the unexpired term.
History: En. Sec. 104, Ch. 121, L. 1923.

11-3546. (5520.106) Resignation pending recall election, result of. If

a person in regard to whom a recall petition is submitted to the commission
shall resign from office after notice thereof no election shall be held and
some eligible person shall be chosen by a majority vote of the remaining
members to fill the place for the unexpired term ; but the member so resign-
ing shall not be chosen by the commission to succeed himself.
History: En. Sec. 105, Ch. 121, L. 1925.

11-3547. (5520.107) Limitation on filing recall petitions. No recall
petition shall be filed in respect to any member of the commission within
three months after he takes office nor in case of a member subjected to a
recall election and not removed thereby, until at last six months after that
election.
History: En. Sec. 106, Ch. 121, L. 1923.

11-3649. (5520.109) Political participation by appointees forbidden.

No person holding an appointive office or position in the municipal govern-
ment shall directly or indirectly solicit or receive, or be in any manner con-
cerned in soliciting or receiving, any assessment, subscription or contribu-

117

11-3550 ELECTION LAWS

tion for any political party or purpose whatever. No person shall orally or
by letter solicit, or be in any manner concerned in soliciting, any assessment,
subscription or contribution for any political party or purpose from any
person holding an appointive office or position in the municipal government.
No person shall use or promise to use his influence or official authority to
secure any appointment, or prospective appointment to any position in the
service of the municipality as a reward or return for personal or partisan
political service. No person shall take part in preparing any political
assessment, subscription or contribution with the intent that it should be
sent or presented to or collected from any person in the service of the
municipality, nor shall he knowingly send or present directly or indirectly,
in person or otherwise, any political assessment, subscription or contribution
to, or request its payment by any person in such service.
History: En. Sec. 108, Ch. 121, L. 1923.

11-3550. (5520.110) Penalizing appointees for not participating in
politics forbidden — appointees not to act as oflBcers of political organization
or circulate petitions. No person in the service of the municipality shall
discharge, suspend, lay off, reduce in grade, or in any manner change the
official rank or compensation of any person in such service or threaten to
do so, for withholding or neglecting to make any contribution of money or
service or any valuable thing for any political service. No person holding
an appointive office or place in the municipal government shall act as an
officer in a political organization, or serve as a member of a committeee of
any such organization, or circulate or seek signatures for any petition pro-
vided for by primary or election laws.
History: En. Sec. 109, Ch. 121, L. 1923.

11-3551. (5520.111) Penalty for violations. Any person who, by him-
self or in cooperation with one or more persons, wilfully or corruptly vio-
lates any of the provisions of sections 11-3549 and 11-3550 of this act shall
.be guilty of misdemeanor and shall, upon conviction thereof, be punished by
a fine of not less than fifty dollars nor more than five hundred dollars or by
imprisonment for a term not exceeding three months, or by both such fine
and imprisonment, and if he be an officer or employee of the municipality
he shall immediately forfeit his office or employment.
Hifltory: En. Sec. 110, Ch. 121, L. 1923.

11-3559. (5520.119) Resolution declaring creation of consolidated gov-
emment — effective date of merger — ^legal status. At the first meeting of
the commission whose members are first elected under the provisions of this
act, such commission shall adopt a resolution reciting the filing of the
petition provided for in section 11-3402, the ordering and holding of a spe-
cial election as requested in such petition, the result of such election, and
the holding of the special election for and the election of the members of the
first commission, and the name and designation of the consolidated munici-
pality, which resolution must be in duplicate, and signed by all of the
members of the commission and also entered at length on the journal of
the commission. One copy of such commission must be filed in the office of
the clerk of the commission and the other copy thereof must be trans-

118

CITIES AND TOWNS 11-3703

mitted to and filed in the office of the secretary of state. Immediately upon
the adoption of such resolution by the commission the separate corporate
existence of the county and of each and every city and town therein shall
be deemed to be consolidated and merged into one municipal corporation
under the name selected, designated and adopted as provided in this &ct,
and such consolidated municipality shall thereupon be deemed to have suc-
ceeded to, and to possess and own all of the property and assets of every
kind and description and shall, save as herein otherwise provided, become
responsible for all of the obligations and liabilities of the county, cities and
towns so consolidated and merged. As a political subdivision of the state,
such consolidated municipality shall have the status of a county, and for the
purpose of representation in the legislative assembly, as provided by the
constitution and laws of this state, and for all other purposes, it shall
replace and be the successor of the county and shall be attached to the
same judicial district.
History: En. Sec. 118, Cb. 121, L. 1923.

CHAPTER 36

METBOPOLITAN SANITAKY DI8TEICTS
(Repealed— Section 14, Chapter 185, Laws of 1957)

11-3601 to 11-3611. Repealed.

B«peal ing however, that any metropolitan sani-

These sections (Sees. 1 to 11, Ch. 292, tary sewer districts established under the

L. 1947), relating to metropolitan sani- provisions of chapter 292, Laws of 1947,

tary districts, were repealed by Sec. 14, shall be valid, and any obligations in-

Ch. 185, Laws 1957. For new provisions curred thereunder shall in nowise be af-

see 16-4401 to 16-4413. fected by the repeal of said chapter 292,

The repealing clause also contained a Laws of 1947."
savings provision. It read: "Chapter 292,
Laws of 1947, is hereby repealed, provid-

CHAPTER 37
OFF-STREET PARKING FACILITIES

Section 11-3703. Creation of parking commissions — revenne bonds.

11-3703. Creation of parking commissions — revenue bonds. A city may
create, as provided for in this section, a public body corporate and politic
to be known as the "parking commission" of the city. The commission
of any city shall not transact any business or exercise any powers under
this act unless and until the legislative body of the city shall by resolution
declare at any time hereafter that there is need for a parking commission
to function in such city. The determination as to whether there is need
for a commission to function may be made by the legislative body on its
own motion or upon the filing of a petition signed by one hundred (100)
residents of the city, asserting that there is need for a commission to func-
tion in such city and requesting that the legislative body so declare.

In any suit, action or proceeding by or against or in any manner
relating to a parking commission, the commission shall be conclusively
deemed to have become established and authorized to transact business
and exercise its powers upon proof of the adoption of a resolution by the

119

11-3703 ELECTION LAWS

legislative body declaring the need for the commission to function. A citj"
shall not transact any business or exercise any powers of this act unless
and until the legislative body of the city shall by resolution declare that
there is need for such city to exercise the powers of a parking commission
as provided in this act.

Either or both such resolutions may be adopted by the legislative body
of a city. If both such resolutions are adopted they shall clearly specify
areas within the city less than the whole thereof, within which, or projects
over which, the commission and the city, respectively, are to have juris-
diction and control. The division of such jurisdiction and control shall
be as so specified, but may be changed from time to time by action of both
the legislative body and the commission, to such extent as may be con-
sistent with obligations to bondholders assumed under this act.

The power to issue revenue bonds as provided in this act shall not be
operative in any city until the legislative body, either at a general or a
special election, shall submit to the electors, whose qualifications shall be
the same as those required for voting at municipal elections in the city for
elective ofiBcers thereof, the question as to whether the legislative body, or
the commission, or both, shall be authorized to adopt the revenue bond
method of financing projects provided for herein. Such question may be
placed before the electors and notice thereof given in the same manner
as provided by law for referring ordinances of the city to the electors. The
provisions relating to the qualifications of electors and manner of submis-
sion of the question to the electors for the purposes of this act shall govern
and be controlling, any provision of law to the contrary notwithstanding.

History: En. Sec. 3, Cli. 223, L. 1951;
amd. Sec. 2, Ch. 127, L. 1955.

120

CITIES AND TOWNS 11-3906

CHAPTER 39

URBAN RENEWAL LAW

Section 11-3906. Preparation and approval of urban renewal projects and urban re-
newal plans.

11-3906. Preparation and approval of urban renewal projects and
urban renewal plans, (a) A municipality sliall not apjjrovo an urban
renewal project for an urban renewal area unless the local governing body
lias, by resolution, determined such area to be a blighted area and desig-
nated such area as appropriate for an urban renewal project. The local
governing body shall not approve an urban renewal plan until a com-
prehensive plan or parts of such plan for an area which would include an
urban renewal area for the municipality have been prepared. For this
purpose, and other municipal purposes, authority is hereby vested in every
municipality to prepare, to adopt, and to revise from time to time, a com-
prehensive plan or parts thereof for the physical development of the
municipality as a whole (giving due regard to the environs and metro-
politan surroundings), to establish and maintain a planning commission for
such purpose and related municipal planning activities, and to make avail-
able and to appropriate necessar}^ funds therefor. A municipality shall
not acquire real property for an urban renewal project unless the local
governing body has approved the urban renewal project plan in accordance
with subsection (d) hereof.

(b) The municipality may itself prepare or cause to be prepared an
urban renewal plan, or any person or agency, public or private, may
submit such a plan to the municipality. Prior to its approval of an urban
renewal project, the local governing body shall submit such plan to the
planning commission of the municipality for review and recommendations
as to its conformity with the comprehensive plan or parts thereof for the
development of the municipality as a whole. The planning commission
shall submit its written recommendations with respect to the proposed
urban renewal plan to the local governing body within sixty (60) days
after receipt of it. Upon receipt of the recommendations of the planning
commission, or if no recommendations are received within said sixty (60)
days, then without such recommendations, the local governing body may
proceed with the hearing on the proposed urban renewal project plan
prescribed by subsection (e) hereof.

(e) The local governing body shall hold a public hearing on an urban
renewal plan after public notice thereof. Such notice shall be given by
publication once each week for two consecutive weeks not less than ten
(10) nor more than thirty (30) days prior to the date of the hearing in a
newspaper having a general circulation in the urban renewal area of the
municipality and by mailing a notice of such hearing not less than ten
(10) days prior to the date of the hearing to the persons whose names
appear on the county treasurer's tax roll as the owner or reputed owner
of the property, at the address shown on the tax roll. The notice shall
describe the time, date, place, and purpose of the hearing, shall generally

121

11-3906 ELECTION LAWS

identify the urban renewal area affected, and shall outline the general scope
of the urban renewal plan under consideration.

(d) Following such hearing, the local governing body may approve
an urban renewal project if it finds that (1) a workable and feasible plan
exists for making available adequate housing for the persons who may be
displaced by the project; (2) the urban renewal plan conforms to the
comprehensive plan or parts thereof for the municipality as a whole ;
(3) the urban renewal plan will afford maximum opportunity, consistent
with the sound needs of the municipality as a whole, for the rehabilita-
tion or redevolpment of the urban renewal area by private enterprise ;
and (4) that a sound and adequate financial program exists for the financing
of said project.

Provided, that the local governing body must find the urban renewal
project area to be blighted area as defined in section 11-3901, subsection (b).

(e) An urban renewal project plan may be modified at any time by
the local governing body : Provided, that if modified after the lease or
sale by the municipality of real property in the urban renewal project area,
such modification shall be subject to such rights at law or in equity as
a lessee or purchaser, or his successor or successors in interest may be
entitled to assert.

(f) Upon the approval of an urban renewal project by a municipality,
the provisions of the urban renewal plan with respect to the future use and
building requirements applicable to the property covered by said plan
shall be controlling with respect thereto.

(<>•) If the plan or any subsequent modification thereof involves financ-
ing by the issuance of general obligation bonds of the municipality as
authorized in section 11-3913, subsection (c), or the financing of water or
sewer improvements by the issuance of revenue bonds under the provisions
of Title 11, chapter 24, or of sections 11-2217 to 11-2221, inclusive, the ques-
tion of approving the plan and issuing sueli bonds shall be submitted to a
vote of the taxpayers of such municipality in accordance with the pro-
visions of sections 11-2303 to 11-2310, inclusive, at the same election and
shall be approved by a majority of those taxpayers voting on such ques-
tion. Aiding in the planning, undertaking or carrying out of an urban
renewal project approved in accordance with this section shall be deemed a
single purpose for the issuance of general obligation bonds, and the pro-
ceeds of such bonds authorized for an}' such project may be used to
finance the exercise of any and all powers conferred upon the municipality
by section 11-3907 which are necessary or proper to complete such project
in accordance with the approved plan and anj' modification thereof duly
adopted by the local governing body. Sections 11-2306 and 11-2307 shall
not be applicable to the issuance of such bonds.

(h) The municipality may elect to undertake and carry out urban re-
newal activities on a yearly basis. In such event, the activities shall be
included in the yearly budget of the municipality. Such activities need
not be limited to contiguous areas; however, such activities shall be con-
fined to the areas as outlined in the urban renewal plan as approved by

122

COUNTIES 16-301

the municipality in accordance with this act. The yearly activities shall
constitute a part of the urban renewal plan and the municipality may elect
to undertake certain yearly activities and total urban renewal projects
simultaneously. The undertaking of urban renewal activities on a yearly
basis shall be designated as a "neighborhood development program" and
the financing of such activities shall be approved in accordance with sec-
tion 11-3906, subsection (g).

History: En. Sec. 6, Ch. 195, L. 1959;
amd. Sec. 2, Ch. 38, L. 1965; amd. Sec. 2,
Ch. 210, L. 1969.

TITLE 16

COUNTIES

CHAPTER 3

REMOVAL OF COUNTY SEATS

Section 16-301. Bemoval of county seat — petition.

16-302. Submission to electors — who are taxpayers.

16-303. Election, notice of, how held and conducted.

16-304. Voter to vote for place he prefers.

16-305. Publication of result.

16-306. Place chosen to be county seat.

16-307. Statement of result and notice transmitted.

16-308. No second election to be held within four years.

16-309. County seat may be removed from time to time.

16-301. (4369) Removal of county seat — petition. Whenever the in-
habitants of any county of this state desire to remove the county seat of a
county from the place where it is fixed by law, or otherwise, to another
place, they may present a petition to the board of county commissioners of
their county praying such removal, such place to be named in the petition,
and that an election be held to determine whether or not such removal must
be made. The petition to remove the county seat of the county from the
place where it is fixed by law to another place must be presented to the
board of county commissioners at least sixty days prior to any action
thereon being taken by the board of county commissioners, and action on
said petition by the board of county commissioners must be had at a regular
meeting of said board of county commissioners. Such petition must be
filed with the county clerk, and the county clerk, immediately upon the
filing of said petition, must cause to be printed in every newspaper pub-
lished within said county a notice to the effect that a petition praying
for the removal of said county seat has been filed with the county clerk,

123

16-302 ELECTION LAWS

and that said petition is open to the inspection of any and all persons
interested therein, and that said petition will be presented to the board
of county commissioners at its next regular session for action thereon. No
other or additional petition than the one originally filed shall be con-
sidered by the board of county commissioners, except that at any time on or
before the date fixed for the hearing, any person having signed the original
petition for the removal of the county seat may file a statement in writing
with the county clerk that he desires to have his name withdrawn from
such petition ; provided, that not more than one withdrawal shall be per-
mitted by the same person.

History: En. Sec. 4157, Pol. C. 1895; 1915; amd. Sec. 1, Oh. 10, L. 1919; re-en.
amd. Sec. 1, p. 145, L. 1901; re-en. Sec. Sec. 4369, R. C. M. 1921. Cal. Pol. C. Sec.
2851, Rev. C. 1907; amd. Sec. 1, Ch. 62, L. 3976.

16-302. (4370) Submission to electors — who are taxpayers. If the

petition is signed by sixty-five per cent of the taxpayers of such county,
the board of county commissioners must at the next general election submit
the question of removal to the electors of the county; provided, that the
term "taxpayers" used in this section shall be deemed to mean "ad valorem
taxpayers," and that for the purpose of testing the sufficiency of any peti-
tion which may be presented to the county commissioners as provided in
this section, the county commissioners shall compare such petition with the
poll-books in the county clerk's office constituting the returns of the last
general election held in their county, for the purpose of ascertaining
whether such petition bears the names of sixty-five per cent of the tax-
paying voters listed therein ; and they shall make a similar comparison
of the names signed to the petition with those appearing upon the listed
assessment roll of the county for the purpose of ascertaining whether the
petition bears the names of sixty-five per cent of the ad valorem tax-
payers as listed in said assessment roll; and if such petition then shows
that it has not been signed by sixty-five per cent of the voters of the
county who are ad valorem taxpayers thereof, after deducting from the
said original petition the names of all persons who may have signed
such original petition, and who may have filed, or caused to be filed, with
the county clerk of said county or the board of county commissioners, on
or before the date fixed for the hearing, their statement in writing of the
withdrawal of their names from the original petition, it shall be deemed
insufficient, and the question of the removal of the county seat shall not
be submitted.

History: En, Sec. 4158, Pol. C. 1895; 1919; re-en. Sec. 4370, R. C. M. 1921. Cal.
amd. Sec. 2, p. 146, L. 1901; re-en. Sec, Pol. C. Sec. 3977.
2852, Rev. C. 1907; amd. Sec. 2, C?h. 10, L.

16-303. (4371) Election, notice of, how held and conducted. Notice of
such election, clearly stating the object, must be given, and the election
must be held and conducted, and the returns made, in all respects in the

124

COUNTIES 16-308

manner prescribed by law in regard to the submitting of questions to the

electors of a locality under the general election law.

History: En. Sec. 4159, Pol. C. 1895;
re-«n. Sec. 2853, Rev. C. 1907; re-en. Sec.

4371, R. C. M. 1921. Cal. Pol. C. Sec. 3979.

16-304. (4372) Voter to vote for place he prefers. In voting on the
question, each elector must vote for the place in the county which he pre-
fers, by placing opposite the name of the place the mark X.

History: En. Sec. 4160, Pol. C. 1895;
re-en. Sec. 2854, Rev. C. 1907; re-en. Sec.

4372, R. C. M. 1921. Cal. PoL C. Sec. 3980.

16-305. (4373) Publication of result. When the returns have been re-
ceived and compared, and the results ascertained by the board, if a majority
of the qualified electors of the county have voted in favor of any particular
place, the board must give notice of the results by posting notices thereof
in all the election precincts of the county, and by publishing a like notice
in a newspaper printed in the county at least once a week for four weeks.

History: En. Sec. 3, p. 146, L. 1901; Ch. 27, L. 1921; re-en. Sec. 4373, B. 0. M.
re-en. Sec. 2855, Rev. C. 1907; aznd. Sec. 1, 1921. Cal. Pol. C. Sec. 3981.

16-306. (4374) Place chosen to be county seat. In the notice provided

for in the next preceding section, the place selected to be the county seat of

the county must be so declared from a day specified in the notice not more

than ninety days after the election. After the day named in the notice,

the place chosen is the county seat of the county.

History: En. Sec. 4162, Pol. C. 1895;
re-en. Sec. 2856, Rev. C. 1907; re-en. Sec.
4374, R. C. M. 1921. CaL Pol. C. Sec. 3982.

16-307. (4375) Statement of result and notice transmitted. Whenever
any election has been held, as provided for in the preceding sections of this
chapter, the statement made by the board of county commissioners, show-
ing the result thereof, must be deposited in the office of the county clerk,
and whenever the board gives the notice prescribed by section 16-306 of this
code, they must transmit a certified copy thereof to the secretary of state.

History: En. Sec. 4163, Pol. C. 1895;
re-en. Sec. 2857, Rev. C. 1907; re-en. Sec.

4375, R. C. M. 1921. Cal. PoL C. Sec. 3983.

16-308. (4376) No second election to be held within four years. When

an election has been held and a majority of the votes are not cast for some

other place than that fixed by law as the former county seat, no second

election for the removal thereof must be held within four years thereafter.

History: En. Sec. 4164, Pol. C. 1895;
re-en. Sec. 2858, Rev. C. 1907; re-en. Sec.

4376, R. C. M. 1921. Cal. Pol. C. Sec. 3984.

125

16-309 ELECTION LAWS

16-309. (4377) County seat may b€ removed from time to time. When

the county seat of a county has been once removed by a popular vote of the

people of the county, it may be again removed from time to time in the

manner provided by this chapter.

History: En. Sec. 4, Ch. 146, L. 19Q1;
re-en. Sec. 2859, Eer. C. 1907; re-en. Sec.
4377, R. C. M. 1921. Cal. Pol. C. Sec. 3985.

CHAPTER 4
LOCATION OF COUNTY SEATS

Section 16-401. Meeting and organization of board of commissioners on creation of

new county — county clerk.

16-402. Designation of temporary county seat — special election.

16-403. Proceedings after petition for county seat election.

16-404. Division of county into registration and polling precincts.

16-405. Registration of voters.

16-406. Judges of election — ballots, books and records.

16-407. Applicability of general election laws.

16-408. Form of ballot.

16-409. Canvass of returns — result of election.

16-410. Re-election in case of failure to select county seat.

16-411. Applicability of general laws to new counties and officers.

16-412. Submission of question of locating permanent county seat to voters —

elections.

16-401. (4378) Meeting and organization of board of commissioners on
creation of new county — county clerk. Whenever a county is created here-
after in this state by legislative enactment, it shall be the duty of the per-
sons appointed to the office of county commissioners of such county by the
act creating it, to meet at some place in the county, to be agreed upon by a
majority of said county commissioners, within fifteen days after the
passage of the act creating the county, and then and there organize as a
board of county commissioners by electing one of their number chairman.

The person appointed to the office of county clerk in the bill creating

the comity shall be notified in writing by the county commissioners, or

some one of them, of the time and place of said meeting, and he must

attend the meeting and act as the clerk thereof and keep a record of the

proceedings. If no person is appointed to the office of county clerk by

the act creating the county, the commissioners shall at such meeting

select some person qualified to hold office of county clerk to act as clerk of

of such meeting.

History: En. Sec. 1, Ch. 135, L. 1911;
re-en. Sec. 4378, R, C. M. 1921.

16-402. (4379) Designation of temporary county seat — special election.

(1) Immediately after the organization of the board of county commis-
sioners, as provided in the preceding section, said board shall, by a resolu-
tion spread upon the minutes of its proceedings, designate some place within
said county as and to be the temporary county seat until the permanent
county seat shall be located as hereinafter in this act provided. The place so
designated shall be the temporary county seat of said county until the

126

COUNTIES 16-402

permanent county seat is located by the electors of said county at the
general election to be held on the first Tuesday after the first Monday of
November of the next even-numbered year after the creation of the county,
or at a special election as hereinafter provided.

(2) In the event of a majority of the county commissioners failing to
agree upon the location of the temporary county seat, then each county com-
missioner shall write the name of the place he favors as the temporary
county seat on a slip of paper and said slips be inclosed in envelopes of the
same size, color, and texture, and shall be deposited in a box or other
suitable receptacle, and the county clerk, in the presence of said commis-
sioners, shall draw out one of the said slips. Thereupon the county com-
missioners shall, by resolution spread upon the minutes, declare the place
named on the slip so drawn by the county clerk to be the temporary
county seat of said county.

(3) At said first general election after the creation of the county, it
shall be the duty of the board of county commissioners and county clerk to
have separate official ballots printed and distributed for the use of the
electors at said election; which ballots shall be in the form and contain
the same matter as the ballots provided for in section 16-408 of this code,
and the provisions of section 16-409 of this code shall apply to and govern
the manner of voting and of canvassing said ballots, and the board of
county commissioners shall declare the result of such election and the
location of the permanent county seat, and said county seat shall be lo-
cated in the manner and according to the provisions of said section 16-409.

(4) Provided, however, that at any time within six months after the
passage of an act creating a new county, a petition or petitions may be filed
with the county clerk of the board of county commissioners of such county
asking the board to submit the question of the location of the permanent
county seat to the electors of the county at a special election to be called
and held in the manner hereinafter in this act provided. Said petition or
petitions must contain in the aggregate the names of at least one hundred
taxpayers, whose names appear upon the assessment-books containing the
last assessment of the property situated in such new county, and whose
names also appear as registered electors in some registration district estab-
lished and existing in the territory embraced in the new county at the
last general election held therein.

(5) The petition or petitions when filed with the board must also have
certificates attached thereto from the county clerk of the county in which
the person or persons signing the petition resided before the creation of
the new county, certifying that the names of the person signing said peti-
tion or petitions appear in the last assessment-books of his county, and
also in the registration-books of his county containing the names of the
electors registered in the last general election in the districts now embraced
in the new county.

History: En. Sec. 2, Ch. 135, L. 1911;
re-en. Sec. 4379, R. C. M. 1921.

127

16-403 ELECTION LAWS

16-403. (4380) Proceedings after petition for county seat election.
Upon filing said petition or petitions, duly certified to as provided in the
preceding section, with the county clerk of the new county, he must im-
mediately notify the chairman of the board of county commissioners who,
upon receipt of such notice, must call a meeting of the board to be held
within ten days after the filing of said petition, for the purpose of consider-
ing the same. If the board at such meeting finds that said petition conforms
to the requirements of and is in accordance with the provisions of the pre-
ceding section, it shall at said meeting, by a resolution spread upon its
minutes, call a special election of the qualified electors of said county for
the purpose of voting upon the question of the location of the permanent
county seat.

Said election shall be held on Tuesday and not less than forty nor

more than sixty days after the date of calling the same. The board must

issue an election proclamation containing a statement of the time of the

election and the question to be submitted. A copy of this proclamation

must be published in some newspaper printed in the county, if any, and

posted at each place of election at least ten days before the election.

History: En. Sec. 3, Ch. 135, L. 1911;
re^en. Sec. 4380, B. C. M. 1921.

16-404. (4381) Division of county into registration and polling pre-
cincts. At the meeting of the board at which the special election is called
for the purpose of locating the permanent county seat, the board shall, by
resolution spread upon its minutes, divide the county into registration dis-
tricts and establish polling precincts in the manner provided by law. It must
also, at such meeting, make an order designating the house or place within
each precinct where the election shall be held. It must also at the same
session of the board appoint registry agents for the several registration
districts established by it, who must possess the qualifications required by
law for registry agents. The county clerk must furnish the said registry
agents with books, blanks, and other stationery required for the proper
performance of their duties.

History: En. Sec. 4, Ch. 135, L. 1911; tors held impliedly repealed by Ch. 122,

re-en. Sec. 4381, R. C. M. 1921. Laws of 1915, sections 23 501 to 23-534

NOTE.— Sections 16-404 (4381) and 16- (553 to 586). Opinions of Attorney General

405 (4382) relating to registration of elec- ^°^- ^> ^S- 247.

16-405. (4382) Registration of voters. The period for the registration
of electors shall be between the hours of nine a. m. and nine p. m. on all legal
days from nine a. m. of the fourth Monday prior to the date of said election
to nine p. m. of the second following Saturday. It shall be the duty of
each registry agent to publish and post notices of the time and places of
registration in the manner provided by law for the publication of notices
of registration for general elections. No person shall be entitled to regis-
ter and vote at such special election unless he is a qualified voter of the
state of Montana of the age of twenty-one years, and will have been a
resident of Montana one year and of the territory embraced within the
boundaries of the new county for a period of one hundred and eighty days

128

COUNTIES 16-408

on the day next preceding the day of such election, and also takes and
subscribes to the oath provided in section 479, Revised Codes of Montana.

The general election laws of this state governing the registration of
electors and defining the duties of the registry agents shall apply to and
govern the registration of electors in elections held under this act insofar
as the same do not conflict herewith.

History: En. Sec. 5, Ch. 135, L. 1911; was repealed by chapter 113, Laws of 1911.
re-en. Sec. 4382, R. C. M. 1921. This section held impliedly repealed, see

NOTE.— Section 479, referred to above, no<^e to sec. 16-404.

16-406. (4383) Judges of election — ^ballots, books ajid repords. At the

same meeting of the board of county commissioners at which the special

election for the location of the permanent county seat is called, the board

shall appoint three judges of election for each precinct in the county who

shall act as the judges at said election. It shall be the duty of the county

clerk to have printed and distributed to the judges of election the necessary

ballots, the form of which shall be as provided in sections 16-402, 16-408, and

16-410 of this code, and also supply the judges with the necessary books,

records, stationery and ballot-boxes required to hold such election in the

manner provided by law.

History: En. Sec. 6, Ch. 135, L. 1911;
re-en. Sec. 4383, R. C. M. 1921.

16-407. (4384) Applicability of general election laws. The judges ap-
pointed for said special election must qualify as required by the general
election law, and the polls must be opened and closed, the voting done, the
ballots counted, returns made to the board of county commissioners, and all
other matters connected with said election carried on and conducted in
accordance with and as provided by the general election laws of this state.

History: En. Sec. 7, Ch. 135, L. 1911;
re-en. Sec. 4384, R. C. M. 1921.

16-408. (4385) Form of ballot. The form of the ballot used at such
elections shall be as follows: There shall be a stub across the top of each
ballot, and separated therefrom by a perforated line. The part above the
perforated line, designated as the stub, shall extend the entire width of the
ballot, and shall have a depth of not less than two inches. Upon the face
of the stub there shall be printed in what is known as brevier capitals the
following instructions:

"To vote this ballot the elector will write in the blank space on the
ballot the name of the town or place at which he desires the permanent
county seat to be located."

The ballot below the perforated line shall be in the following form:

"For the permanent county seat of _ county my choice

is "; (here insert name of county)

Provided, that any person who, from any cause, is unable to write, may

have one of the judges in the presence of another judge write his choice

on the ballot.

History: En. Sec. 8, Ch. 135, L. 1911;
re-en. Sec. 4386, B. C. M. 1921.

129

16-409 ELECTION LAWS

16-409. (4386) Oanvasa of returns — result of election. When the name
of a town or place in a county shall be so inserted in the blank space on
such ballot by an elector, and the ballot has been cast as provided by law,
the same shall be deemed a vote for the designated town or place as the
location of the permanent county seat of said county. The board of county
commissioners of said county shall canvass the returns of said election in
the manner provided by law for the canvassing of election returns, and
upon such canvassing of returns the town or place found to have received
a majority of all votes cast on such questions shall be declared by the
board the permanent county seat of the county. The order declaring the
result of such election shall be entered of record in the minutes of the pro-
ceedings of the board of county commissioners by the county clerk, and
from the date of the declaration of the results of the election the town or
place selected shall be and remain, until lawfully changed in the manner
provided by law, the permanent county seat of such county. Within ten
days after the declaration of the result of such election, all records and
county offices of the county, if elsewhere located, must be moved to and
remain at the place declared the permanent county seat.

History: En. Sec. 9, Ch. 135, L. 1911;
re-en. Sec. 4386, R. C. M. 1921.

16-410. (4387) Re-election in case of failure to select county seat. If
no town or place receives a majority of all votes cast on such question,
then the town or place receiving the highest number of votes shall be de-
clared by the board and immediately become the temporary county seat of
the county, and at the next general election the two towns or places receiv-
ing the greatest number of votes at said first election shall be the candidates
for the permanent county seat. At said next general election, the county
clerk shall have separate ballots in the form provided for in section 16-408
of this code printed and distributed as provided by law containing the
names of said candidates for the permanent county seat. On the stub of
such ballots shall be printed the following instructions:

"To vote this ballot the elector will place an X in the square before
the name of the town he intends to vote for."

The form of such ballots below the perforated line shall be as follows:

.for the permanent county seat

for the permanent county seat

Of said towns or places the one receiving a majority of all the votes
cast on such question shall be declared the permanent county seat, and the
board of county commissioners must canvass the returns and declare the
result, and the county seat must be located in accordance with the provi-
sions of this act.

History: En. Sec. 10, Cli. 136, L. 1911;
re-en. Sec. 4387, E. C. M. 1921.

16-411. (4388) Applicability of general laws to new counties and
officers. All laws of general nature applicable to the several counties of
the state of Montana and to the officers thereof, and to their powers and

130

COUNTIES 16-412

duties, shall be applicable to a new county and the ofiScers thereof from and
after the creation of the county, except as otherwise provided in this act, or
the act creating the county.

History: En, Sec. 11, Ch. 136, L. 1911;
re-en. Sec. 4388, E. 0. M. 1921.

16-412. (4389) Submission of question of locating permanent county
seat to voters — elections. Any county heretofore created, in which the
permanent county seat has not been located by valid election held for the
purpose of locating the permanent county seat of said county, may have a
special election, for the purpose of voting on such question, called and
held under the provisions of this act, or if no special election is held for
such purpose, then said question shall be submitted by the county commis-
sioners at the next general election after the passage of this act and in
the manner provided herein for the submission of such questions at gen-
eral elections; provided, however, that no special election shall be called
for the purpose of submitting such question unless a petition or petitions
containing in the aggregate the names of one hundred taxpaying electors
of such county, whose names appear upon the last assessment book, and
also on the last registration-books of said county, are filed with the clerk
of the board of county commissioners within six months after the passage
and approval of this act.

Upon the filing of such petition or petitions within said time, contain-
ing the requisite number of taxpaying electors, which must be ascertained
by the board from the records of said county, said board must immediately
call such special election as herein provided.

If registration districts and polling precincts have already been estab-
lished in said county, they shall remain the same for such special election,
but a new registration shall be had and said special election conducted
and the result determined as in this act provided.

The provisions of this section shall not apply in any case where there
has been a permanent county seat located and maintained for a period of
three years from the date immediately subsequent to the date of the
approval of this act, whether the same was located by a legal election or
otherwise.

History: En. Sec. 12, Oh. 135, L. 1911;
re-en. Sec. 4389, B. C. M. 1921.

CHAPTER 5
CREATION OF NEW COUNTIES BY PETITION AND ELECTION

Section 16-501. Creation of new counties — debts and assets prorated — ^minimum are:^

and valuation.
16-502. Basis of taxation upon creation of new county — ^terms used in law

defined.
16-503. Cities and towns eligible for county seat.
16-504. Petition for creation of new county — attached affidavits — notice and

hearing.
16-505. Duty of commissioners when findings justify new county — division into

township, road and school districts— change of boundaries of election

precincts — election — temporary county seat.
16-506. Measures to be taken after election — ofiScers — effect of adverse vote.
16-507. Officers of new county — judicial district.

131

16-501 ELECTION LAWS

16-509. Board of county commissioners to be elected.

16-517. Publication by posting of notice.

16-519. Misdemeanor and malfeasance in office.

16 520. Repealing and saving clause.

16-501. (4390) Creation of new counties — debts and assets prorated—
minimum area and valuation. New counties may from time to time be
formed and created in this state from portions of one or more counties,
which shall have been created and in existence for a period of more than
two years, in the manner set forth and provided in this act; provided, how-
ever, that no new county shall be established which shall reduce any county
to an assessed valuation of less than twelve million dollars ($12,000,000.00),
inclusive of all assessed valuation as shown by the last preceding assess-
ment; nor shall any new county be established which shall reduce the area
of any existing county from which territory is taken to form such new
county, to less than twelve hundred square miles of surveyed land, exclu-
sive of all forest reserve and Indian reservations within old counties nor
shall any new county be formed which contains an assessed valuation of
property less than ten million dollars ($10,000,000.00), inclusive of all as-
sessed valuation as shown by the last preceding assessment, of the county
or counties from which such new county is to be established, nor shall any
new county be formed which contains less than one thousand square miles
of surveyed land exclusive of all forest reserve land or Indian reservations,
not open for settlement, nor shall any line thereof pass within fifteen miles
of the court house situate at the county seat of the county sought to be
divided ; provided, that such county line may be run within a distance of
ten miles of a county seat in cases where the natural contour of the county,
by reason of mountain ranges or other topographical conditions, is such as
to make it diflBcult to reach the county seat, and in such cases a petition,
signed by at least fifty-eight per centum (58%), of the voters in the pro-
posed new county, shall be presented to the judge of the district court in
which the county affected is located, asking for the appointment of a com-
mission of five (5) disinterested persons, who shall determine if the topo-
graphical conditions are such as to warrant the fixing of the county division
lines closer than at fifteen miles from the county seat, as such boundaries
are legally fixed and determined at the date of the filing of the petition or
petitions referred to in section 16-504 of this code.

Every county which shall be enlarged or created from the territory
taken from any other county or counties shall be liable for a prorata pro-
portion of the existing debts and liabilities of the county or counties from
which such territory shall be taken, and shall be entitled to a prorata pro-
portion of the assets of the county or counties from which such territory is
taken, to be determined as provided by section 16-502, 16-503 and 16-511.

History: The first new county act was plete new county law enacted by Ch. 139,

Ch. 112, L. 1911. The first four 8©ctiona L. 1915, which was repealed by Oh. 226, L.

of this act were amended and the rest re- 1919. This section en. Sec. 1, Ch. 226, L.

enacted by Ch. 133, L. 1913; Sec. 7 of the 1919; re-en. Sec. 4390, R. C. M. 1921; amd.

act was also amended by Ch. 135, L. 1913. Sec. 1, Ch. 106, L. 1929,
All these acts were repealed and a com-

16-602. (4391) Basis of taxation upon creation of new ooimty — terms
Vised in law defined. For the purposes of this act the assessed valuation of

132

COUNTIES 16-504

all property, whether included within the boundaries of a proposed new
county, or remaining within the boundaries of any existing county or coun-
ties from which territory is taken, shall be fixed and determined on the same
basis as is used for the imposition of taxes in the state of Montana, to-wit :
By taking that percentage of the true and full value of all taxable property
in any county specified by section 84-302.

Whenever in this act the term "assessed valuation" or "valuation based
on the last assessment roll" is used, said terms shall be construed as mean-
ing taxable valuation determined as herein provided, not the full and true
valuation of property.

History: En. Sec. 1, Ch. 16, Ex. L.
1919; re-en. Sec. 4391, R. C. M. 1921.

16-503. (4392) Cities and towns eligible for county scat. No city,
town, or village shall become the temporary or permanent county seat of
any county organization under the provisions of sections 16-501 to 16-520
of this code, or created by an act of the legislative assembly, unless such
city or town shall have been incorporated in the manner provided by law,
or unless such village shall have been regularly platted and a plat thereof
filed in the oflfice of the county clerk and recorder, and there be fifty quali-
fied electors residing within the boundaries of such platted village, and the
temporary county seat selected upon the organization of such county shall
remain as such county seat until the permanent county seat shall be estab-
lished as provided by law.

History: En. Sec. 1, Ch. 16, Ex. L.
1919; re-en. Sec. 4392, E. C. M. 1921.

16-504. (4393) Petition for creation of new county — attached affidavits
— ^notice and hearing. (1) Whenever it is desired to divide any county or
counties and form a new county out of a portion of the territory of such
then existing county or counties, a petition shall be presented to the board
of county commissioners of the county from which the new county is to be
formed, in case said proposed new county is to be formed from but one
county, or to the board of county commissioners of the county from which
the largest area of territory is proposed to be taken for the formation of
such new county, in case said new county is to be formed from portions of
two or more existing counties; and such board of county commissioners
shall be empowered and have jurisdiction to do and perform all acts pro-
vided for to'be done or performed in this act, for each of the several coun-
ties from which any proposed territory is to be taken, and shall direct that
a certified copy of all orders and proceedings had before such board of
county commissioners shall be certified by the county clerk to the board of
county commissioners of each of the several counties from which any ter-
ritory is taken by the proposed new county; and all officers of any such
county shall comply with the orders of the board of county commissioners,
in the same manner as if said order had been duly made by the board of
county commissioners of each respective county from which territory is
proposed to be taken. Such petition shall be signed by at least fifty-eight
per cent of the qualified electors of the proposed new county, whose names

133

16-504 ELECTION LAWS

appear on the official registration books and who are shown thereon to have
voted at the last general election preceding the presentation of said peti-
tion to the board of county commissioners as herein provided ; provided,
that in cases where the proposed new county is to be formed from portions
of two or more counties, separate petition shall be presented from the terri-
tory taken from each county ; and each of said separate petitions shall be
signed by at least fifty-eight per cent of the qualified electors of each of said
proposed portions. Such signatures need not all be appended to one paper,
but may be signed to several petitions which must be similar in form, and
when so signed the several petitions may be fastened together and shall be
treated and presented as one petition.

(2) Such petition or petitions shall contain:

1. A particular description of the boundaries of the proposed new
county.

2. A statement that no line thereof passes within fifteen miles of the
court house situated at the county seat of any county proposed to be di-
vided, except as hereinafter in this act provided.

3. A statement of the assessed valuation of such proposed county as
shown by the last preceding assessment, inclusive of all a.ssessed valuation.

4. A statement of the surveyed area in square miles which will remain
in the county or counties from which territory is taken to form such new
county, after such county is formed, and a statement of the surveyed area
in square miles which will be in the new county after formed.

5. The name of the proposed new county.

6. A prayer that such proposed new county be organized into a new
county under the provisions of this act.

There shall be attached and filed with said petition or petitions an affi-
davit of five qualified electors and taxpayers residing within each county
sought to be divided, to the effect that they have read said petition and ex-
amined the signatures affixed thereto, and they believe that the statements
therein are true, and that it is signed by at least fify-eight per cent of the
qualified electors as herein provided, of the proposed new county, or of the
proposed portion thereof, taken from each existing county, where the pro-
posed new county is to be formed from portions of two or more existing
counties; that the signatures affixed thereto are genuine; and that each of
such persons so signing was a qualified elector of such county therein sought
to be divided, at the date of such signing. Such petition or petitions so veri-
fied, and the verification thereof, shall be accepted in all proceedings per-
mitted or provided for in this act, as prima facie evidence of the truth of
the matters and facts therein set forth. Upon the filing of such petition or
petitions and affidavits with the clerk of the said board of county commis-
sioners, said clerk shall forthwith fix a date to hear the proof of the said
petitions and of any opponents thereto, which date must be not later than
thirty days after the filing of such petition with the clerk of said board.
The county clerk shall also, at the same time, designate a newspaper of
general circulation published in the old counties, but not within the pro-
posed new county, and also a newspaper of general circulation published
within the boundaries of the proposed new county, if there be such, in which

134

COUNTIES 16-504

the said county clerk shall order and cause to be published, at least once a
week for two weeks next preceding the date fixed for such hearing, a notice
in substantially the following form :

Notice

Notice is hereby given that a petition has been presented to the board
of county commissioners of county (naming the county repre-
sented by the board of county commissioners with which said petition was
filed), praying for the formation of a new county out of portion of the said

county and county (naming the county or counties

of which it is proposed to form the new county), and that said petition will
be heard by the said board of county commissioners at its place of meeting
(designating the city or town and the day and hour of the meeting so to be
held), and when and where all persons interested may appear and oppose
the granting of said petition, and make any objections thereto.

Dated at at Montana.

, County Clerk.

Said petitioners shall, on or before the date fixed for said hearing, file
with the said board of county commissioners a bond to be approved by
said board, in an amount of five thousand dollars, payable to the county
in which said petition is filed, conditioned that the obligors named in said
bond will pay to said county all expenses incurred in the election provided
for in this act, not exceeding the amount specified in said bond, in the
event that at the election herein provided for more than forty-two per cent

of the votes cast at said election are "for the new county of

(naming the proposed new county)," "No."

(3) At the time so fixed for said hearing, the board of county commis-
sioners shall proceed to hear the petitioners and any opponents and pro-
testants upon the petition or protests filed on or before the time fixed for
the hearing. No petition or protest or petition for the exclusion of territory
shall be considered unless the same is filed at least one day before the
time fixed for the hearing, and such petition for the exclusion of territory
shall contain the names of not less than fifty per cent of the qualified elec-
tors who are resident property taxpayers of any territor}- to be excluded.
All such territory being excluded must be in one block, and contain an area
of not less than thirty-six square miles, and be totally within one county,
and contiguous thereto, and the board of county commissioners may adjourn
such hearing from time to time, but not for more than ten da3's after the
time fixed for the hearing, and shall receive the proof to establish or
controvert the facts set forth in said petition. No withdrawals of signatures
to the original petition for the creation of a proposed county shall be filed
or considered which have not been filed with the county clerk on or before
the date fixed for the hearing. No withdrawals of any signature from the
petition for the exclusion of territory shall be received or considered which
are not filed within five days after the filing of the petition for such ex-
clusion of territory.

(4) The board of county commissioners, on the final hearing of such
petition or petitions, shall, by a resolution entered on its minutes, deter-
mine:

135

16-504 ELECTION LAWS

1. The boundaries of the proposed new county, and the boundaries so
determined by said board of county commissioners shall be the boundaries
of such proposed new county, if it be created as herein provided.

2. Whether the said petition contains the genuine signatures of at
least fifty-eight per cent of the qualified electors of the proposed new
county as herein required, or in cases where separate petitions are presented
from portions of two or more existing counties as herein required, whether
each petition is signed by at least fifty-eight per cent of the qualified
electors of that portion of each of such existing counties which it is pro-
posed to take into the proposed new county.

3. Whether any line of the proposed new county passes within fifteen
miles of the court-house situate at the county seat of any county proposed
to be divided, except as hereinbefore provided.

4. Whether the proposed new county will contain property, according
to the last preceding assessment, which will equal in amount at least four
million dollars, inclusive of all assessed valuation.

5. Whether the area of any existing county from which territory is
taken to form such new county will be reduced to less than twelve hundred
square miles of surveyed land, by taking the territory proposed to be taken
therefrom to form such new county.

6. Whether the area of the proposed new county will contain at least
one thousand square miles of surveyed land to form such new county.

7. The class to which said proposed new county after its creation will
belong, and the name of said proposed new county, as stated in such pe-
tition.

8. Whether the area embraced within the proposed new county will be
reasonably compact.

(5) On final hearing the board of commissioners, upon petition of not
less than fifty per cent of the qualified electors (as shown by the official
registration books on the day of the filing of any such petition) of any ter-
ritory lying within said proposed new county contiguous to the boundary
line of the said proposed new county, and of the old county from which such
territory is proposed to be taken, and lying entirely within a single old
county and described in said petition, asking that said territory be not in-
cluded within the proposed new county, must make such changes in the
proposed boundaries as will exclude such territory from such new county,
and shall establish and define such boundaries. On final hearing the board of
commissioners, upon petition of not less than fifty per cent of the qualified
electors who are resident property taxpayers of any territory lying outside
said proposed new county, and contiguous to the boundary line of said pro-
posed new county, and of the old county or counties from which such
territory is proposed to be included, asking that said territory be included
within the proposed now county, must make such changes in the proposed
boundaries as will include such territory in such new county, and shall
establish and define such boundaries ; provided, however, that the segrega-
tion of such territory from any old county or counties shall not leave such
county or counties with less than twelve million dollars of assessed valua-
tion, based upon the last assessment-roll ; provided, that no change or

136

COUNTIES 16-505

I'lianges so made sliall result in reducing tlie valuation of the proposed new
county to less than an assessed valuation of ten million dollars, inclusive of
all assessed valuation; and provided, further, that no ehanf?e shall bo madf
which shall leave the territory so excluded separate and apart from aiul
without the county of which it was formerly a part. Petitions for exclu-
sion shall be disposed of in the order in point of time in which they are
filed with the clerk of the board of county commissioners, and on final de-
termination of boundaries no changes in the boundaries originally proposed
shall be made except as prayed for in said petition or petitions, or to correct
clerical errors or uncertainties.

History: En. Sec. 2, Ch. 226, L. 1919; NOTE.— Wording of tliis section changed

re-en. Sec. 4393, R. C. M. 1921. to conform to amendment of section 1(5

501 l)y Sec. 1, Ch. 106, Laws 1929.

16-505. (4394) Duty of commissioners when findings justify new county
— division into township, road and school districts — change of boundaries
of election precincts — election — temporary county seat. (1) If the said
board of county commissioners determine that the formation of said pro-
posed new county will not reduce any county from which any territory is
taken to an assessed valuation of less than twelve million dollars, inclusive
of the assessed valuation, nor the area thereof to less than twelve hundred
square miles of surveyed land, and that the proposed new county contains
property of an assessed valuation of at least ten million dollars, inclusive
of all assessed valuation, and that the proposed new county has an area
of at least one thousand square miles of land, and that no line of said pro-
posed new county passes within fifteen miles of the court house situate at
the county seat of any county proposed to be divided, except as hereinbe-
fore provided, and that said petition contains the genuine signatures of at
least fifty-eight per cent of the qualified electors of the proposed new
county, or in cases where separate petitions are presented from portions of
two or more existing counties (as herein required), that each of said pe-
titions contain the genuine signatures of at least fifty-eight per cent of the
qualified electors of that portion of the proposed new county from which
it is taken, then the said board of county commissioners shall divide the
proposed new county into a convenient number of township, road, and
school districts, and define their boundaries and designate the names of
such districts.

(2) Said board of county commissioners shall also, if necessary for
the purpose of the election hereinafter provided for, change the boundaries
of the election precincts in said old county or counties to make the same
conform to the boundaries of the proposed new county; provided, that the
boundary lines of no such precinct shall extend beyond the boundary lines
of the then existing county in which it is located, and from which the terri-
tory is proposed to be taken ; and said board shall appoint election officers
to act at said election and to be paid by said board.

(3) Within two weeks after its determination of the truth of the alle-
gations of said petition as aforesaid, the said board of county commis-
sioners shall order and give proclamation and notice of an election to be
held on a specified day in the territory which is proposed to be taken for the

137

16-505 ELECTION LAWS

new county, not less than ninety days nor more than one hundred ana
twenty days thereafter, for the purpose of determining whether such terri-
tory shall be established and organized into a new county ; and for the elec-
tion of officers and location of a county seat therefor, in case the vote at
such election shall be in favor of the establishment and organization of such
new county. All qualified electors residing within the proposed new county
who are qualified electors of the county or counties from which territory
is taken to form such proposed new county, and who have resided within the
limits of the proposed county for a period of more than six months next
preceding the day of election, and who are registered under the provisions
of the registration laws of the state, shall be entitled to vote at said elec-
tion. Registration and transfers of registration shall be made and shall
close in the manner and at a time provided by law for registration and
transfers of registration for a general election in the state of Montana.

(4) Such proclamation and notice of election shall be published at
least once a week for three weeks before the holding of such election, in
some newspaper of general circulation published in the territory which is
proposed to be taken for the new county, and a copy thereof shall be mailed
immediately by the county clerk of the county in which the petition is filed
to the county clerk of each county from which territory is taken for the pro-
posed new county. Such proclamation and notice shall require the voters

to cast ballots which shall contain the words, "For the new county of

(giving the name of the proposed new county)" "Yes," and "For

the new county of (giving the name of the proposed

new county)," "No," and each voter desiring to vote for the establishment
and organization of said new county shall mark a cross (X) opposite the

words, "For the new county of ," "Yes," in the manner

now required by law in other elections, and each voter desiring to vote
against the establishment and organization of said new county shall mark a

cross (X) opposite the words, "For the new county of ,"

"No," in the manner now required by law in other elections; and shall
also contain the names of persons to be voted for to fill the various elective
offices designated in said proclamation for counties of the class to which
said proposed county will belong, as determined by the board of county
commissioners as herein otherwise provided.

(5) There shall also be printed upon said ballot the words, "For the
county seat," and the names of all cities or towns which may have filed with
the county clerk a petition signed by at least twenty-five qualified electors,
nominating any city or town within the proposed new county for the county
seat, and the voter shall designate his choice for county seat by marking a
cross (X) opposite the name of the city or town for which he desires to cast
his ballot. At the special election to be held, as provided in this act, the
question of the election of the county seat is hereby provided to be sub-
mitted to the qualified electors of the proposed new county, and the ma-
jority of all the votes cast therefor shall determine the election thereon. In
case any city or town fails to receive a majority of all the votes cast, then
the city or town receiving the highest number of all votes cast shall be

138

COUNTIES 16-506

designated as the temporary county seat, and in case any city or town is
not the choice of the election for the county seat by a majority of all the
votes cast, the question of choice between the two cities or towns for which
the highest number of votes shall have been cast shall be submitted in like
manner to the qualified electors at the next general election thereafter.
"When the county seat shall have been selected as herein provided, it shall
not thereafter be changed except in the manner provided by law.

(6) The proclamation calling the election and the notice thereof pro-
vided for in this act shall be made and given exclusively by the board of
county commissioners with which is filed the said petition for the formation
and establishment of such new county, and such board shall cause the clerk
of said county to furnish to the officers of each precinct in such proposed
new county all ballots, poll list, tally lists, registers for voters' signatures,
ballot-boxes, and other election supplies and equipment necessary to con-
duct such election, and which are not hereinafter specifically directed to be
furnished by the clerk of another county or counties. Such election shall
be governed and controlled by the general election laws of the state, so far
as the same shall be applicable, except as herein otherwise provided. The
returns of all elections for the creation of the county, and for officers and
for location of the county seat as provided for in this act, shall be made to
and canvassed by the board of county commissioners of the county from
which the largest area is taken by the proposed county.

(7) The county clerk of each county from which territory is taken for
the proposed new county shall, not less than five days before the date of
such election, furnish to each board of election within said proposed new
county, a copy of the official register for the precincts of such proposed
new county as are within their respective counties, and the copies of indexes
thereof required by law containing the names of all persons who were
qualified electors at the last general election before the date of such election.

All returns of election herein provided for shall be made to the board of
county commissioners calling such election.

All nominations of candidates for the office required to be filled at said
election shall be made in the manner provided by law for the nomination of
candidates by petition.

The provisions of the election laws relating to preparation, printing, and
distribution of sample ballots, except the provisions of said laws relating
to primary elections in this state, shall have application to any election pro-
vided for in this act.

History: En. Sec. 3, Ch. 226, L. 191»; NOTE. — Wording of this section changed

re-en. Sec. 4394, E. C. M. 1921. to conform to section 16-501.

16-506. (4395) Measures to be taken after election — officers — eflFect of
adverse vote. (1) If, upon the canvass of the votes cast at such election,
it appears that fifty-eight per cent of the votes cast are "For the new county

of ," "Yes," the board of county commissioners shall,

by a resolution. entered upon its minutes, declare such territory dub' formed
and created as a county of this state, of the class to which the same shaU

belong, under the name of county, and that the city

or town receiving the highest number of votes cast at said election for

139

16-507 ELECTION LAWS

county seat shall be the county seat of said county until removed in the
manner provided by law, and designating and declaring the person receiv-
ing respectively the highest number of votes for the several offices to be
filled at said election, to be duly elected to such offices. Said board shall
forthwith cause a copy of its said resolution, duly certified, to be filed in the
office of the secretary of state, and ninety days from and after the date of
such filing said new county shall be deemed to be fully created, and the
organization thereof shall be deemed completed, and such officers shall be
entitled to enter immediately upon the duties of their respective offices upon
qualifying in accordance with law and giving bonds for the faithful per-
formance of their duties, as required by the laws of the state. The clerk
of the board of county commissioners with which said petition was filed, as
herein provided, must immediately make out and deliver to each of said
persons so declared and designated to be elected, a certificate of election
authenticated by his signature and the seal of said county. The persons
elected members of the board of county commissioners and the county clerk
shall immediately, upon receiving their certificates of election, assume the
duties of their respective offices.

(2) The board of county commissioners shall have authority to provide
a suitable place for the county officers, and to purchase such supplies as may
be deemed necessary for the proper conduct of the county government. All
other officers take office ninety days after the filing of the resolution herein
provided for with the secretary of state. All the officers elected at said
election, or appointed under this act, shall hold their offices until the time
provided by general law for the election and qualification of such officers
in this state, and until their successors are elected and qualified, and for the
purpose of determining the term of office of such officers, the years said
officers are to hold office are to be computed respectively from and in-
cluding the first Monday after the first day of January following the last
preceding general election. If, however, upon such canvass it appears that
more than forty-two per cent of the votes cast at said election are "For
the new county of ," "No," the board of county com-
missioners canvassing said vote as provided herein shall pass a resolution
in accordance therewith, and thereupon the proceedings relating to division
of such county or counties shall cease ; and no other proceedings in relation
to any other division of said old county or counties shall be instituted for at
least two years after such determination.

History: En. Sec. 4, Ch. 226, L. 1919;
re-en. Sec. 4395, R. C. M. 1921.

16-507. (4396) Officers of new comity — judicial district. At the elec-
tion provided for in section 16-505 of this code, there shall be chosen such
county, township, and district officers as are now or may hereafter by gen-
eral law be provided for in counties of the class to which the said new county
is determined to belong, as herein provided ; provided, that all duly elected,
qualified and acting officers of the county or counties, who may reside
within the proposed new county, shall be deemed to be officers of said new
county if they file with the board of county commissioners, whose duty it
shall be to call the election, within five days after the final hearing and

140

COUNTIES 16-517

determination of said petition for such proposed new county, their intention
to become officers of said proposed new county, and the board of
county commissioners issuing the proclamation of any election, as in this
act provided, shall omit providing for the election of any such officers as
may have filed their declaration as herein provided ; and provided, also,
that all duly elected, qualified, and acting justices of the peace and con-
stables residing within the proposed new county at the time of the division
of such county into townships, as hereinbefore in section 16 505 provided,
shall hold office as such justices of the peace or constables in said county
for the remainder of the term for which they were elected on qualifying as
justices of the peace or constables for the respective townships in which
they reside, when said townships are organized as provided in this act;
provided, further, that all duly elected, qualified, and acting school trustees
residing within the proposed new county at the time of the division of such
county into school districts, as hereinbefore in section 16-505 provided, shall
hold office as school trustees in said new county for the remainder of the
term for which they were elected on qualifying as school trustees for the
respective districts in which they reside, as said districts are organized as
provided by this act. Each person elected or appointed to fill an office of
such new county under the provisions of this act shall qualify in the man-
ner provided by law for such officers, except as herein otherwise provided,
and shall enter upon the discharge of the duties of his office within such
time as herein provided, after the receipt of the certificate of his election.
Each of such officers may take the oath of office before any officers author-
ized by the laws of the state of Montana to administer oaths, and the bond
of any officer from which a bond is required shall be approved by any judge
of the district court of the district to which such new county is attached
for judicial purposes. The officers elected or appointed under the provisions
of this act shall each perform the duties and receive the compensation now
provided by general law for the office to which he has been appointed or
elected in the counties of the class to which such new county shall have been
determined to belong, as herein provided under the general classification of
counties in this state.

Said new county, when created and organized in pursuance of the pro-
visions of this act, shall be attached to such judicial district as may be desig-
nated by the governor of the state of Montana, in a proclamation to be
issued by him, designating such new county as attached to the particular
judicial district for judicial purposes.

History: En. Sec. 5, C?h. 226, L. 1919;
re-en. Sec. 4396, R. C. M. 1921.

16-509. (4396.2) Board of county commissioners to be elected. At the

special election held for the purpose of voting on the question of the creation
of a new county, a board of county commissioners shall be elected, who shall
hold office until the next general election.
History: En. Sec. 2, Ch. 106, L. 1926.

16-517. (4404) Publication by posting of notice. Whenever in this act
publication of any notice is provided for, and no newspaper of general cir-

141

16-519 ELECTION LAWS

culation is published within the territory in which said notice is required to

be published, notice shall be given by posting copies of such notices in at

least ten public places in such territories for the same length of time said

notice was required to be published.

History: En. Sec. 13. Ch. 226, L. 1919;
re-en. Sec. 4404, R. C. M. 1921.

16-519. (4406) Misdemeanor and malfeasance in office. Any member of

the board of county commissioners, or any other ofificer who unlawfully and

knowingly violates any of the provisions of this act, or fails or refuses to

perform any duty imposed upon him hereunder, shall be guilty of a

misdemeanor and of malfeasance in office, and shall be deprived of his office

by a decree of a court of competent jurisdiction, after trial and conviction.

History: En. Sec. 15, Ch. 226, L. 1919;
re-en. Sec. 4406, R. C. M. 1921.

16-520. (4407) Repealing and saving clause. All acts and parts of acts
in conflict herewith are hereby repealed, with the exception : This act shall
not apply in any cases whereby the election has been held under the act
passed by the fifteenth legislative session for the creation of counties and a
majority vote has been cast in favor thereof, but the provisions of this act
shall be deemed in full force and effect so far as they may affect any pro-
posed new county now in process of creation, unless said new county can
comply with the requirements of this act; and it is hereby made the duty
of the board of county commissioners which may have ordered any election
in pursuance of existing laws to immediately make an order annulling and
setting aside all further proceedmgs in relation to such proposed new
county, including an order to nullify and set aside any election order there-
tofore made ; provided, if any order is made nullifying and setting aside
any election as provided in this section, any bond which may have been
given in pursuance with the provisions of law relating to the costs of
election for the creation of any proposed new county shall be deemed void,
and no liability shall be incurred thereunder.

History: En. Sec. 16, Ch. 226, L. 1919;
re-en. Sec. 4407, R. C. M. 1921.

CHAPTER 8
GENERAL POWERS AND LIMITATIONS UPON COUNTIES
Section 16 807. Limit of indebtedness.

16-807. (4447) Limit of indebtedness. No county must become in-
debted in any manner or for any purpose to an amount, including existing
indebtedness, in the aggregate exceeding five per centum of the value of the
taxable property therein, to be ascertained by the last assessment for state
and county taxes previous to the incurring of such indebtedness, and all
bonds or obligations in excess of such amount given by or on behalf of such
county are void. No county must incur any indebtedness or liability for
any single purpose to an amount exceeding ten thousand dollars without

142

COUNTIES 16-1230

he approval of a majority of the electors thereof voting at an election to
»e provided by law.

History: En. Sec. 4196, Pol. 0. 1895;
e-en. Sec. 2876, Rev. C. 1907; re-en. Sec.
447, R. C. M. 1921.

CHAPTER 10
GENERAL POWERS AND DUTIES Or COUNTY COMMISSIONERS
Section 16-1003. Elections, powers concerning.

16-1003. (4465.2) Elections, powers oonceminif. The board of county
commissioners has jurisdiction and power under such limitations and re-
strictions as are prescribed by law;

To establish, abolish and change election precincts, and to appoint judges
of election, canvass all election returns, declare the result, and issue certifi-
cates thereof.

History: En. Subd. 3, Sec. 1, Cb. 100,
L. 1931.

CHAPTER 11
SPECIAL POWERS AND DUTIES OF COUNTY COMMISSIONERS

Section 16-1156. Board to provide appliances for holding elections and allow expenses.
16-1157. Issuance of certificates of election as board of canvassers.

16-1156. (4515) Board to provide appliances for holding elections and
allow expenses. The board of county commissioners must provide all poll-
lists, poll-books, blauk returns and certificates, proclamations of elections,
and other appropriate and necessary appliances for holding all elections in
the county, and allow reasonable charges therefor, and for the transmission
and return of the same to the proper oflBcers.

History: En. Sec. 4280, Pol. C. 1895;
re-en. Sec. 2939, Rev. C. 1907; re-en. Sec.

4515, R. 0. M. 1921. Oal. PoL C. Sec. 4064.

16-1157. (4516) Issuance of certificates of election as board of can-
vassers. Whenever, as canvassers, the board of county commissioners de-
clares the result of any election held in the county, certificates must be by
the clerk of the board issued to all persons elected to a county oflBce or to a
township or district office therein, and such other certificates must be made
out and transmitted as required by the title relative to elections.

History: En. Sec. 4281, Pol. C. 1896;
re-en. Sec. 2940, Rev. C. 1907; re-en. Sec.

4516, R. C. M. 1921. Cal. Pol. C. Sec. 4065.

CHAPTER 12

COUNTY PRINTING COMMISSION
Section 16-1230. County commissioners to contract for county printing.

16-1230. Comity commissioners to contract for county printing. It is

hereby made the duty of the county commissioners of the several counties

143

16-1907 ELECTION LAWS

of the state of Montana to contract with one (1) newspaper, published at
least once a Aveek, and of general bona fide and paid circulation with second
class mailing privileges, published within the county, and having been
published continuously in such county at least twelve (12) months im-
mediately preceding the awarding of such contract, to do and perform all
the ^.'^nting for which said counties may be chargeable, including all legal
advertising required by law to be made, and all other printed forms re-
quired for the use of such counties at not more than the prices set by the
county printing commission.

History: En. Sec. 6, Ch. 280, L. 1967.

CHAPTER 19
COUNTY BUDGET SYSTEM

Section 16-1907. Emergency expenditures — notice and hearings — objections by tax-
payers— appeal — notice and hearing dispensed with in extreme
cases — emergency warrants — tax levy — lapse of appropriations.

16-1907. (4613.6) Emergency expenditures — notice and hearings — ob-
jections by taxpayers — appeal — notice and hearing dispensed with in ex-
treme cases — emergency warrants — tax levy — lapse of appropriations. (1)

In a public emergenc}^ other than such as are hereinafter specifically
described, and Avhich could not reasonably have been foreseen at the time
of making the budget, the board of county commissioners, by unanimous
vote of the members present at any meeting, the time and place of which
all the commissioners shall have had reasonable notice, shall adopt and
enter upon their minutes a resolution stating the facts constituting the
emergency and the estimated amount of money required to meet such
emergency and shall publish the same, together with a notice that a public
hearing will be held thereon at the time and place designated therein, but
which shall not be less than one week after the date of said publication, at
which any taxpayer may appear and be heard for or against the expendi-
ture of money for such alleged emergency. Such resolution and notice shall
be published once in the official newspaper of the county, and if there be
none then in a newspaper of general circulation in the county.

(2) Upon the conclusion of such hearing, if the commissioners shall
approve of such emergency expenditure, they shall make and enter upon
their official minutes, by unanimous vote of all of the members of the
board present at such meeting, an order setting forth the facts constituting
such emergency together with the amount of expenditure authorized by
them therefor, which order, so entered, shall be lawful authorization for
them to expend such amount, but no more, for such purpose, subject how-
ever, to the following limitations: No expenditures shall be made or liability
incurred pursuant to said order until five (5) days, exclusive of the day of
entry of said order, shall have elapsed, during which time any taxpayer or
taxpayers of said county feeling aggrieved by said order may appeal there-
from to the district court for such county by filing with the clerk of such
court a verified petition, a copy of which shall theretofore have been
served upon the county clerk and recorder of said county as the clerk of

144

COUNTIES 16-1907

the board of county commissioners. Said petition shall set forth in detail
the objections of the petitioner or petitioners to said order, giving their
reasons Avhy the said emergency does not exist. The service and filing of
such petition shall operate to suspend such emergency order and the
authority to make any expenditure or incur any liability thereunder, until
final determination of the matter by the court.

(3) Upon the filing of such petition the court shall immediately fix a
time for hearing such petition which shall be at the earliest convenient
time. At such hearing the court shall hear the matter de novo and may take
such testimony as it deems necessary. Its proceedings shall be summary
and informal and its determination as to whether an emergency, such as is
contemplated within the meaning and provisions of this act, exists or not,
and whether the expenditure authorized by said order is excessive or not
shall be final.

(4) The total of all emergency budgets, and appropriations made
therein, in any one year, to be paid from the county poor fund shall not
exceed the amount which would be produced by a mill levy equal to the
difference between the mills levied in that year and the maximum mill
levy authorized by law to be made for such fund, computed against the tax-
able value of the property subject to such levy, as shown by the last com-
pleted assessment roll of the county.

(5) Upon the happening of an emergency caused by fire, flood, ex-
plosion, storm, earthquake, epidemic, riot, or insurrection, or for the
immediate preservation of order or of public health, or for the restoration
of a condition of usefulness of which has been destroyed by accident, or
for the relief of a stricken community overtaken by calamity, or in settle-
ment of approved claims for personal injuries or property damages, ex-
clusive of claims arising from the operation of any public utility owned
by the county, or to meet mandatory expenditures required by law, the
county commissioners may, upon adoption by unanimous vote of all
members present at any meeting, the time and place of which all members
shall have had reasonable notice, of a resolution stating the facts con-
stituting the emergency, and entering the same upon their minutes, make
the expenditures or incur the liabilities necessary to meet such emergency
without further notice or hearing; provided, that the aggregate total of
all expenditures made or liabilities incurred in any fiscal year to meet
emergencies other than such as are caused by fire, flood, explosion, earth-
quake, epidemic, riot or insurrection, shall not exceed the sum of two
hundred thousand dollars ($200,000.00) in counties of classifications 1, 2, 3
and 4, provided, however, that after July 1, 1963, such emergency expendi-
tures shall not exceed twenty-five thousand dollars ($25,000.00) ; fifteen
thousand dollars ($15,000.00) in counties of classifications 5 and 6, and
seven thousand five hundred dollars ($7,500.00) in counties of classification
7 unless the excess above said sum shall first have been authorized by a
majority of the taxpaying freeholders of such county, who are registered
electors therein, voting at a general or special election. The question of
authorizing such excess expenditure shall be submitted in the following

145

16-1907 ELECTION LAWS

form, inserting in the ballot the amount of the excess proposed to be au-
thorized and a description of the emergency to be met:

Shall the board of county commissioners of County,

Montana be authorized to make additional expenditures and incur addi-
tional liabilities in the amount of $ over and above the sum

of , to meet an emergency caused by

n Yes

D No

Notice of such election shall be given by posting notice thereof at least

fifteen (15) days before such election in three (3) public places in each

voting precinct within the county and by publishing such notice for not

less than ten (10) days before the date of such election.

(6) All emergency expenditures shall be made by the issuance of
emergency warrants drawn against the fund or funds properly chargeable
with such expenditures, and the county treasurer is authorized and directed
to pay such emergency warrants with any money in such fund or funds
available for such purpose, and if, at any time, there shall not be sufficient
money available in such fund or funds to pay such warrants then such
warrants shall be registered, bear interest and be called in for payment in
the manner provided by law for other county warrants.

(7) The county clerk and recorder shall include in his annual tabula-
tion to be submitted to the board of county commissioners the total amount
of emergency warrants issued during the preceding fiscal year, and the
county commissioners shall include in their tax levies a levy for each fund
sufficient to raise an amount equal to the total amount of such warrants,
if there be any, remaining unpaid at tlie close of such preceding fiscal year
because of insufficient money in such fund to pay the same ; provided,
however, that no levy shall be made for any fund in excess of the levy
authorized by law to be made therefor ; and provided further, that the board
of county commissioners may submit the question of funding such emer-
gency warrants at any election, as provided by law, and if at any such
election the issuing of such funding bonds be authorized it shall not then
be necessary for any levy to be made for the purpose of paying such
emergency warrants.

(8) All appropriations, other than appropriations for incompleted im-
provements in progress of construction, shall lapse at the end of the fiscal
year; provided that the appropriation accounts shall remain open for a
period of thirty (30) days thereafter for the payment of claims incurred
against such appropriations prior to the close of the fiscal year and re-
maining unpaid. After such period shall have expired, all appropriations
except as hereinbefore provided, regarding incompleted improvements,
shall become null and void, and any lawful claim presented thereafter
against any such appropriation shall be provided for in the next ensuing
budget.

History: En. Sec. 6, Ch. 148, L. 1929; Oross-Eeference

amd. Sec. 2, Ch. 170, L. 1943; amd. Sec. 1, Temporary authority for emergency tax

Ch. 159, L. 1953; amd. Sec. 1, Ch. 148, L. levy by county commissioners, sec. 84-3805

1955; amd. Sec. 1, Ch. 194, L. 1963. note.

146

COUNTIES 16-2022

CHAPTER 20
COUNTY FINANCE— BONDS AND WARRANTS

Section 16-2021. Petition and election reqaired for bonds issued for other purposes.

16-2022. Form, contents and proof of petition.

16-2023. Consideration of petition — CEilling election.

16-2024. Notice of election — election hours — election officers.

16-2025. Form of ballots and conduct of election.

16-2026. Who are entitled to vote.

16-2027. Percentage of electors required to authorize bond issue.

16-2028. Canvass ef election returns — resolution for bond issue.

16-2021. (4630.7) Petition and election required for bonds issued for
other purposes. County bonds for any other purpose than those enumerated
in section 16-2013 shall not be issued unless authorized at a duly called
special or general election at which the question of issuing such bonds was
submitted to the qualified electors of the county and approved, as provided
in section 16-2027 ; and no such bond election shall be called unless there has
been presented to the board of county commissioners a petition, asking that
such election be held and such question be submitted, signed by not less than
twenty per centum (20%) of the qualified electors of the county, who are
taxpayers upon property within the county and whose names appear on
the last completed assessment roll for state and county taxes.
History: En. Sec. 7, Ch. 188, L. 1931.

16-2022. (4630.8) Form, contents and proof of petition. Every petition
for the calling of an election to vote upon the question of issuing county
bonds shall plainly and clearly state the purpose or purposes for which the
proposed bonds are to be issued, and shall contain an estimate of the amount
necessary to be issued for such purpose or purposes. There may be a sep-
arate petition for each purpose, dr two (2) or more purposes may be com-
bined in one (1) petition if each purpose, with an estimate of the amount
of bonds necessary to be issued therefor, is separately stated in such peti-
tion. Such petition may consist of one (1) sheet, or of several sheets
identical in form and fastened together after being circulated and signed
so as to form a single complete petition before being delivered to the
county clerk as hereinafter provided. The petition shall give the postoffice
address and voting precinct of each person signing the same.

Only persons who are qualified to sign such petitions shall be qualified
to circulate the same, and there shall be attached to the completed petition
the affidavit of some person who circulated, or assisted in circulating such
petition, that he believes the signatures thereon are genuine and that the
signers knew the contents thereof before signing the same. The completed
petition shall be filed with the county clerk who shall, within fifteen (15)
days thereafter, carefully examine the same and the county records show-
ing tlio (|ualifications of the petitioners, and attach thereto a certificate
under his official signature and the seal of his office, which certificate shall
set forth :

(1) The total number of persons who are registered electors and whose
names appear upon the last completed assessment roll for state and county
taxes.

147

16-2023 ELECTION LAWS

(2) AViiich and how many of the persons whose names are subscribed
to such petition are possessed of all of the qualifications required of signers
to such petition.

(3) Whether such qualified signers constitute more or less than twenty
per centum (20%) of the registered electors whose names appear upon the
last completed assessment roll for state and county taxes.

History: En. Sec. 8, Ch. 188, L. 1931.

16-2023. (4630.9) Consideration of petition — calling election. When
such petition has been filed with the county clerk and he has found that
it has a sufficient number of signers, qualified to sign the same, he shall place
the same before the board of county commissioners at its first meeting held
after he has attached his certificate thereto. The board shall thereupon
carefully examine the petition and make such other investigation as it may
deem necessary.

If it is found that the petition is in proper form, bears the requisite
number of signers of qualified petitioners, and is in all other respects suf-
ficient, the board shall pass and adopt a resolution which shall recite the
essential facts in regard to the petition and its filing and presentation, the
purpose, or purposes, for which the bonds are proposed to be issued, and
fix the exact amount of bonds proposed to be issued for each purpose, which
amount may be less than but must not exceed the amount set forth in the
petition, determine the number of years through which such bonds are -to
be paid, not exceeding the limitations fixed in section 16-2011, and making
provision for having such question submitted to the qualified electors of the
county at the next general election, or at a special election which the board
may call for such purpose.
History: En. Sec. 9, Ch. 188, L. 1931.

16-2024. (4630.10) Notice of election — election hours — election officers.

Whether such election is held at the general election, or at a special election,
separate notice shall be given thereof. Such notice shall state the date when
such election will be held, the hours between which the polls will be open, the
amount of bonds proposed to be issued, the purpose of the issue, the term
of years through which the bonds are to be paid, and such other informa-
tion regarding the holding of the election and the bonds proposed to be
issued as the board may deem proper. If bonds are to be issued for two
(2) or more purposes, each purpose and the amount therefor must be separ-
ately stated. Such notice shall be posted in each voting precinct throughout
the county in the same manner as notices for a general election are required
to be posted. Such notice must also be published once each week for four
(4) consecutive weeks preceding the election in the official newspaper of
the county.

If the question of issuing bonds is submitted at a special election called
for such purpose the board of county commissioners shall fix the hours
through which the polls are to be kept open, which shall be not less than
eight (8), and which must be stated in the notice of election, and may
appoint a smaller number of election judges than is required for a general

148

COUNTIES 16-2027

election, but in no case shall there be less than three (3) judges in the pre-
cinct, and such judges shall act as their own clerks.

If the question of issuing bonds is submitted at a general election, the
polls shall be kept open during the same hours as are fixed for such general
election and the judges and clerks for such general election shall act aS
the judges and clerks for such bond election.
History: En. Sec. 10, Ch. 188, L. 1931.

16-2025. (4630.11) Form of ballots and conduct of election. The form
of ballots shall be as prescribed by section 16-2306; but if bonds are sought
to be issued for two (2) or more separate purposes, then separate ballots
must be provided for each purpose. The election shall be conducted in the
manner prescribed by said section 16-2306, and the general election laws of
the state shall govern insofar as they are applicable ; but if such question be
submitted at a general election the votes thereon must be counted separately
and separate returns must be made by the judges and clerks at such election.
History: En. Sec. 11, Ch. 188, L. 1931.

16-2026. (4630.12) Who are entitled to vote. In all county bond elec-
tions hereafter held onh^ qualified registered electors residing within the
county, who are taxpayers upon property therein and whose names appear
upon the last completed assessment roll for state, county and school district
taxes, shall have the right to vote. Upon the adoption of the resolution
calling for the election, the county clerk must cause to be published in the
official newspaper of the county a notice, signed by him, stating that regis-
tration for such bond election will close at noon on the fifteenth day prior
to the date for holding such election and at that time the registration books
shall be closed for such election. Such notice must be published at least
ten (10) days prior to the day when such registration books will be closed.
After the closing of the registration books for such election the county
clerk shall promptly prepare lists of the registered electors of such voting
precinct, who are taxpayers upon property within the county and whose
names appear on the last completed assessment roll for state, county and
school district taxes, and who are entitled to vote at such election, and
shall prepare precinct registers for such election, as provided in section
23-515, and deliver the same to the judges of election prior to the opening
of the polls. It shall not be necessary to publish or post such list of qualified

electors.

History: En. Sec. 12, Ch. 188, L. 1931;
amd. Sec. 1, Ch. 138, L. 1939; amd. Sec.
18, Ch. 64, L. 1969.

16-2027. (4630.13) Percentage of electors required to authorize bond
issue. Whenever the question of issuing county bonds for any purpose is
submitted to the qualified electors of a county, at either a general or special
election, not less than forty per centum (40%) of the qualified electors en-
titled to vote on such question must vote thereon, otherwise such propo-
sition shall be deemed to have been rejected; provided, however, that if
forty per centum (40%), or more of such qualified electors do vote on such
question, at such election, and a majority of such votes shall be cast m

149

16-2028 ELECTION LAWS

favor of such proposition, then such proposition shall be deemed to have
been approved and adopted.
History: En. Sec. 13, Ch. 188, L. 1931.

16-2028. (4630.14) Canvass of election returns — resolution for bond
issue. If the bonding election be held at the same time as a general election,
then the returns shall be canvassed at the same time as the returns from
such general election; but if the bonding election is a special election, then
the board of county commissioners shall meet within ten (10) days after
the date of holding such special election and canvass the returns. If it is
found that at such election forty per centum (40%) or more, of the
qualified electors entitled to vote at such election voted on such question,
and that a majority of such votes were east in favor of the issuing of such
bonds, the board of county commissioners shall, at a regular or special
meeting held within thirty (30) days thereafter, pass and adopt a resolu-
tion providing for the issuance of such bonds. Such resolution shall
recite the purpose for which such bonds are to be issued, the amount
thereof, the maximum rate of interest the bonds may bear, the date they
shall bear, the period of time through which they shall be payable, the
optional provisions, if any; and provide for the manner of the execution
of the same. It shall provide that preference shall be given amortization
bonds but shall fix the denomination of serial bonds in case it shall be
found advantageous to issue bonds in that form, and shall adopt a form
of notice of the sale of the bonds.

The board may, in its discretion, provide that such bonds may be
issued and sold in two or more series or installments.

Provided, however, that if none of said bonds have been sold and
issued within three years from the date of the bonding election, and no
vested rights have accrued thereunder, the board of county commissioners
may rescind the authority to sell and issue such bonds by the passage
and adoption of a resolution wherein is recited the reason for such rescis-
sion of authority.

History: En. Sec. 14, Ch. 188, L. 1931;
amd. Sec. 1, Ch. 210, L. 1961.

CHAPTER 23

VOTE NECESSARY ON PROPOSAL TO RAISE MONEY

Section 16-2301. Commissioners not to borrow money except as herein provided.

16-2302. Commissioners to determine amoont necessary.

16-2303. Notice of election to be given.

16-2304. Ballots — what to contain.

16-2305. When loan may be made.

16-2306. Form of ballots — voting.

16-2301. (4717) Commissioners not to borrow money except as herein
provided. The board of county commissioners must not borrow money for
any of the purposes mentioned in this title, or for any single purpose to an
amount exceeding ten thousand dollars, without the approval of a majority
of the electors of the county, and without first having submitted the ques-

150

COUNTIES 16-2306

tion of a loan to a vote of such electors; provided, that it shall not be

necessary to submit to the electors the question of borrowing money to

refund outstanding bonds, or for the purpose of enabling any county to

liquidate its indebtedness to another county incident to the creation of a

new county or the change of any county boundary lines.

History: En. Sec. 4270, Pol. C. 1895; 1, CTh. 92, L. 1919; re-en. Sec. 4717, R. C.
re-en. Sec. 2933, Rev. C. 1907; amd. Sec. M. 1921.

16-2302. (4718) Commissioners to determine amount necessary. When-
ever it is necessary to submit to a vote of the electors of the county the
question of making a loan, the board must first determine the amount
necessary to be raised.

History: En. Sec. 4271, Pol. C. 1895;
re-en. Sec 2934, Rev. C. 1907; re-en. Sec.

4718, R. C. M. 1921.

16-2303. (4719) Notice of election to be given. Notice of the election,
clearly stating the amount to be raised and the object of the loan, must be
given, and the election held and conducted, and the returns made in all
respects in the manner prescribed by law in regard to the submission of ques-
tions to the electors of a locality under the general election law.

History: En. Sec. 4272, Pol. C. 1896;
re-en. Sec. 2935, Rev. C, 1907; re-en. Sec.

4719, R. C. M. 1921.

16-2304. (4720) Ballots— what to contain. There must be written or

printed on the ballots the words "For the loan" and "Against the loan," and

in voting the elector must vote for the proposition he prefers by making an

X opposite the proposition.

History: En. Sec. 4273, Pol. C. 1895;
re-«n. Sec. 2936, Rev. C. 1907; re-en. Sec.

4720, R. C. M. 1921.

16-2305. (4721) When loan may be made. If a majority of the votes

cast are in favor of the loan, then the board may make the loan, issuing

bonds, or otherwise, as may seem best for the interests of the county.

History: En. Sec. 4274, Pol. C. 1895;
re-en. Sec. 2937, Rev. C. 1907; re-en. Sec.

4721, R. C. M. 1921.

16-2306. (4722) Form of ballots — voting-. Hereafter whenever, in due
«ourse of law, in the manner and form required by law and according to the
provisions and requirements of law, any question or proposition of or
relating to bonded indebtedness, or of issuing bonds or of refunding, in-
creasing, or creating a bonded indebtedness is submitted, ordered submitted,
or to be submitted to the electors of any county, at a general or other
election, when, at the same time, candidates for national, state, or county
office or oflBces are to be voted upon or for by the qualified electors of
such county, such question or proposition relating to bonds or bonded
indebtedness shall not be placed or printed upon the official ballots fur-
nished electors at such election for the purpose of voting for candidates

151

16-2306 ELECTION LAWS

for any office or offices, and containing the names of candidates for office
or offices to be voted for at such election, but the county commissioners
shall authorize, and the county clerk shall have printed and furnished to
election judges and officials in each voting precinct of such county, separate
ballots therefor, equal in number to the official ballots so furnished, and
containing the names of such candidates for office. Said separate ballots
shall be white in color and of convenient size, being only large enough to
contain the printing herein required to be done and placed thereon, and
shall have printed thereon in fair-sized, legible type and black ink, in
one line or more, as required, the words "For" said bonding proposition
(stating it and the terms thereof explicitly and at length), and there-
under the words "Against" said bonding proposition (stating it and the
terms thereof explicitly and at length in like manner, as above) ; and
there shall be before the word "For" and before the word "Against,"
each, a square space of sufficient size to place a plain cross or X therein,
and such arrangement shall be in this manner :

For (stating propositions.)

Against (stating propositions.)

Such separate ballots shall be kept, stamped, given out, received,
counted, returned, and disposed of by election judges in like manner as
other official ballots herein referred to. Each qualified elector offering to
vote and permitted to vote shall, at the time he is offered by the election
judges an official ballot bearing the names of candidates for office, be
handed one of the separate ballots above described, and he may then and
there, in a booth as provided by law, and not otherwise, vote on such
separate ballot for or against said proposition by placing a cross or X
before the word "For" or the word "Against," in the vacant square
provided therefor; and such separate ballot shall be returned to the
election judges by the voter, with said other official ballot, if the voter
chooses to vote for candidates for office and is entitled to do so. The
election judges shall deposit said separate ballot on the bonding propo-
sition, separate from the voter's other official ballot, in the ballot-box.

History: En- Sec. 1, p. 13, L. 1901;
r«-«ii. Sec. 2938, Rev. C. 1907; re-en. Sec.
4722, B. C. M. 1921.

CHAPTER 24

COUNTY OFFICERS— QUALIFICATIONS— GENERAL PROVISIONS

Section 16-2401. General qualifications for county office.

16-2402. Same for district and township offices.

16-2403. County officers enumerated.

16-2404. Township officers.

16-2406. County and other officers, when elected and term of office.

16-2407. Election and terms of county commissioners.

16-2408. District judges and justices of the peace — election and term of office.

152

COUNTIES 16-2406

16-2401. (4723) General qualifications far county office. No person is

eligible to a county office who at the time of his election is not of the age of

twenty-one years, a citizen of the state, and an elector of the county in

which the duties of the office are to be exercised, or for which he is elected.

History: En. Sec. 4310, Pol. C. 1895;
re-en. Sec. 2965, Rev, C. 1907; re-en. Sec.

4723, R. C. M. 1921. Cal. Pol. C. Sec. 4101.

16-2402. (4724) Same for district and township offices. No person is

eligible to a district or township office who is not of the age of twenty-one

years, a citizen of the state, and an elector of the district or township in

which the duties of the office are to be exercised, or for which he is elected.

History: En. Sec. 4311, Pol. C. 1895;
ro-«n. Sec. 2966, Rev. C. 1907; re-en. Sec.

4724, R. C. M. 1921. CaL Pol. C. Sec. 4102.

16-2403. (4725) Comity officers enumerated. The officers of a county

are:

A treasurer;

A county clerk ;

A clerk of the district court;

A sheriff;

A county auditor, except in the sixth, seventh, and eighth class counties ;

A county attorney;

A surveyor;

A coroner;

A public administrator;

An assessor;

A county superintendent of common schools;

A board of county commissioners.

History: En. Sec. 4312, Pol. C. 1895; Ch. 112, L. 1913; re-en. Sec. 4725, R. C. M.
re-en. Sec. 2967, Rev. C. 1907; amd. Sec. 1, 1921. Cal. Pol. C. Sec. 4103.

16-2404. (4726) Township officers. The officers of townships are two

justices of the peace, two constables, and such other inferior and subordinate

officers as are provided for elsewhere in this code, or by the board of county

commissioners.

History: En. Sec. 4313, Pol. C. 1895;
re-en. Sec. 2958, Rev. C. 1907; re-en. Sec.
4726, R. C. M. 1921. Cal. Pol. 0. Sec. 4104.

16-2406. (4728) County and other officers, when elected and term of
office. There shall be elected in each county the following county officers
who shall possess the qualifications for sufferage prescribed by the constitu-
tion of the state of Montana, and such other qualifications as may be pre-
scribed by law:

One county clerk who shall be clerk of the board of county commissioners
and ex officio recorder; one sheriff; one treasurer, who shall be collector of
the taxes; provided, that the county treasurer shall not be eligible to his
office for the succeeding term ; one county superintendent of schools ; one
county surveyor ; one assessor ; one coroner ; one public administrator.
Persons elected to the different offices named in this section shall hold their

153

16-2407 ELECTION LAWS

respective oflSces for the term of four (4) years, and until their successors
are elected and qualified.

The county attorneys, county auditors, and all elective township officers,
must be elected at each general election as now provided by law. The
officers mentioned in this act must take office on the first Monday of January
next succeeding their election, except the county treasurer, whose term
begins on the first Monday of March next succeeding his election.

Vacancies in all county, township and precinct offices, except that of
county commissioners, shall be filled by appointment by the board of county
commissioners, and the appointee shall hold his office until the next general
election ; provided, however, that the board of county commissioners of any
county may, in its discretion, consolidate any two or more of the within
named offices and combine the powers and the duties of the said offices con-
solidated ; however, the provisions hereof shall not be construed as allowing
one (1) office incumbent to be entitled to the salaries and emoluments of
two (2) or more offices; provided, further, that in consolidating county
offices, the board of county commissioners shall, six (6) months prior to
the general election held for the purpose of electing the aforesaid officers,
make and enter an order, combining any two (2) or more of the within
named offices, and shall cause the said order to be published in a newspaper,
published and circulated generally in said county, for a period of six (6)
weeks next following the date of entry of said order.

History: En. Sec. 4315, PoL C. 1895; 4728, R. C. M. 1921; amd. Sec. 1, Oh. 134,
re-en. Sec. 2960, Rev. C. 1907; re-en. Sec. L. 1939. Cal. Pol. C. Sec. 4109.

16-2407. (4729) Election and terms of county commissioners. The elec-
tion and terms of office of county commissioners are provided for in the
constitution.

History: En. Sec. 4316, PoL C. 1895;
re-en. Sec. 2961, Rev. C. 1907; re-en. Sec.

4729, R. C. M. 1921.

16-2408. (4730) District judges and justices of the peace — election and
term of office. The election and terms of office of district judges and jus-
tices of the peace are provided for in title 93 of this code.

History: En. Sec. 4317, Pol. C. 1895;
r^en. Sec. 2962, Rev. C. 1907; re-en. Sec.

4730, R. C. M. 1921. CaL Pol. C. Sec. 4110.

CHAPTER 39

COUNTY MANAGER FORM OF GOVERNMENT

Section 16-3901. County manager plan of government may be adopted.
16-3902. Method of adoption.
16-3923. The recall of county commissioners.

16-3901. (4954.1) County manager plan of government may be adopted.

Any county in the state is hereby authorized to adopt a county manager form
of government as herein defined, and in accordance with the procedure
herein specified.

History: En. Sec. 1, Oh. 109, L. 1931.

154

COUNTIES 16-3923

16-3902. (4954.2) Method of adoption, (a) Upon a petition filed with
the board of county commissioners signed by not less than 20 per cent of
the whole number of voters who voted at the last general election asking
that a referendum be held on the question of adopting the county manager
form of government, it shall be the duty of the board of county commis-
sioners to submit the question at the next regular election or call a special
election for the purpose. If a special election is called it shall be held not
more than ninety days nor less than sixty days from the filiug of the peti-
tion, but not within thirty days of any general election. The question sub-
mitted shall be worded: "Shall the county manager form of government be
adopted in county ?"

(b) It shall be the duty of the board of county commissioners to publish
a notice of the referendum in a daily paper twice a week for a period of
three consecutive weeks, or in case there is no daily paper of wide circula-
tion in the county, then in a weekly paper for four consecutive weeks.

be in favor of the county manager form of government it shall go into

effect at a date designated in the petition or resolution. Provided : That

no elected official then in office, whose position will no longer be filled

by popular election, shall be retired prior to the expiration of his term of

office, but that from and after the establishment of such form of govern-

ni(Mit, liis duties shall be snch duties as are assigned to him by the county

manager.

History: En. Sec. 2, Ch. 109, L. 1931;
amd. Sec. 1, Ch. 56, L. 1933.

16-3923. (4954.23) The recall of county commissioners. (1) One or
more county commissioners may be removed by the electors qualified to vote
for a successor of such incumbent. A petition of fifty-one per cent of all
qualified electors registered for the last general election, demanding the
election of a successor to the person sought to be removed, shall be filed with
the director of finance of the county, which petition shall contain a general
statement of the grounds for which the removal is sought. The signatures
to the petition need not be appended to one paper, but each signer shall
add to his signature, his place of residence ; one of the signers shall make
oath before an officer, competent to administer oaths, that the statements
therein are true, as he believes and that each signature to the paper ap-
pended is the genuine signature of the person it purports to be.

(2) On the filing of a sufficient petition, the director of finance shall
order and fix a date for holding said election, not less than seventy days nor
more than eighty days from the date of filing of such petition. The director
of finance shall cause to be made publication of notice and all arrangements
for holding of such election and the same shall be conducted and returned
and the results thereof declared, in all respects and in the same manner as
any other election. Nominations hereunder shall be made by filing with the
director of finance, at least thirty days prior to such special election, a
statement of candidacy, accompanied by a petition signed by electors en-
titled to vote at such special election, equal in number to at least ten per

155

16-4001 ELECTION LAWS

ceut of the entire number of persons registered to vote at the last preceding
general election.

(3) The ballot for such special election shall be in substantially the
following form :

"OFFICIAL BALLOT
Special election for the balance of the unexpired term of

for

(Vote for one only)
(Name of candidate)
(Name of present incumbent)
(Official ballot attest)

Signature

Director of finance."
The successor of any officer so removed shall hold office during the un-
expired term of his predecessor.

(4) Any person sought to be removed may be a candidate to succeed
himself and unless he requests otherwise in writing, the director of finance
shall place his name on the official ballot without nomination. In case of
any such removal election, the candidate or candidates receiving the highest
number of votes shall be declared elected. If the incumbent is not re-elected,
he thereupon shall be deemed removed from the office, upon the qualification
of his successor. If the incumbent receives the highest number of votes, or in
case of a removal election for more than one commissioner, he or they
receiving a sufficient number of votes so that his or their vote is the highest
number for said office or offices of commissioner, he or they shall continue in
office. The said method of removal shall be cumulative and additional to
the methods herein provided by law.

History: En. Sec. 7, Ch. 56, L. 1933.

CHAPTER 40

ABANDONMENT OF COUNTIES

Section 16-4001. Abandonment of counties — how.

16-4002. Petition for abandonment of counties — procedure thereon.

16-4003. County commissioners to order election — notice — publication.

16-4004. Commissioners to determine sufficiency of petition — form of resolution.

16-4005. Governor to call special election — proclamation.

16-4006. County commissioners to proclaim election — question submitted.

16-4007. Question to be submitted.

16-4008. Commissioners to canvass returns^governor to proclaim result.

16-4009. Result of election determines abandonment.

16-4001. Abandonment of counties — how. The organization and corpo-
rate existence of any county organized under the laws of this state may be
abandoned and abolished and the territory within its boundaries attached
to and made a part of some adjoining county in the manner provided by
this act.

History: En. Sec. 1, Ch. 105, L. 1937.

16-4002. Petition for abandonment of counties — procedure thereon.

(1) A petition may be filed with the county clerk of a county, asking that

156

COUNTIES 16-4003

tbe question of abandouing and abolishing the organization and corporate
existence of such county and attaching its territory to and making the same
a part of some adjoining county, be submitted to the qualified electors of
such county at an election. Such petition shall state the name of the adjoin-
ing county to which the territory of such county, so to be abandoned and
abolished, shall be attached and made a part; such petition shall be signed
by not less than thirty-five per centum (35%) of the qualified electors of
the county whose names appear upon the registration records of such county,
shall contain the post office address and voting precinct of each person sign-
ing the same, and shall state the name and address of three persons to
whom notice of the insufficiency of the petition shall be sent in the event
that the petition shall not have the required number of signatures of qualified
electors signed thereto.

(2) It shall be the duty of the county clerk, within thirty days after
the filing of such petition to examine the same, to ascertain and determine
from the registration records of the county whether such petition is signed
by the required number of qualified electors. Such clerk may be authorized
by the board of county commissioners to employ additional help in his office
to assist him in the work of examining such petition and such board shall
provide for their compensation. When such examination is completed said
clerk shall forthwith attach to such petition his certificate, properly dated
and signed, showing the result of his examination, and if said certificate
shows that said petition is signed by the required number of qualified elec-
tors, said clerk shall immediately present said petition to the board of county
commissioners, if such board be then in session, otherwise at its first regular
meeting after the date of such certificate. No person, after signing any such
petition shall be allowed or permitted to withdraw his signature or name
therefrom.

History: En. Sec. 2, Ch. 105, L. 1937.

16-4003. County commissioners to order election — ^notice — publication.

(1) Whenever any such petition is presented to the board of county com-
missioners of a county with a certificate of the county clerk attached there-
to, showing that said petition has been signed by not less than thirty-five per
centum (35%) of the qualified electors of such county whose names appear
upon the registration records of said county, as provided in section 16-4002,
said board of county commissioners shall immediately upon presentation of
such petition, make and enter an order in its minutes fixing a day for con-
sidering and taking final action on said petition, which shall be not less
than thirty (30) nor more than thirty-five (35) days after the date when said
order is made, and shall cause a notice to be published in the official news-
paper of the county to the effect that such petition has been presented to
such board asking for the abandonment and abolishment of the county and
that said board will meet at the time specified in said order for considering
and taking final action on said petition, at which time any and all registered
electors of the county interested therein may appear and be heard thereon.
Such notice shall be published once a week for two (2) successive weeks im-
mediately following the making of such order.

157

16-4004 ELECTION LAWS

(2) At any time prior to five (5) days before the date fixed for con-
sideration and final action on such petition fifty per centum (50%) of the
registered electors residing within a particular part or portion of such
county, may file with the county clerk of such county a petition in writing
signed by them praying that the part or portion of such county within
which such petitioners reside shall not be attached to the county designated
in the petition for abandonment but shall be attached to some other adjoining
county, which petition shall definitely, particularly and accurately describe
the boundaries of such part or portion of said county which said petitioners
desire to be attached to such other adjoining county and shall specify and
name such other adjoining county to which such part or portion is to be
attached if said county is abandoned and abolished.

(3) Whenever any such petition is filed the county clerk shall im-
mediately examine the same and determine from the registration records of
the county whether such petition has been signed by the required number of
I'egistered electors and shall attach thereto his certificate showing the total
number of registered electors residing within the boundaries described in
said petition and the number thereof whose names appear on said petition,
and shall deliver such petition with such certificate attached, to the board
of county commissioners when such board meets to consider and take final
action on such petition for abandonment, separate and independent petitions
may be filed by registered electors residing within the boundaries of sep-
arate and distinct and different parts or portions of such county, praying
that the territory embraced within the boundaries described therein may be
attached to and become parts of the same, or different adjoining counties,
other than the county named and designated in the petition for abandon-
ment, if said county is abandoned. No person after signing any such peti-
tion shall be allowed or permitted to withdraw his signature or name there-
from.

History: En. Sec. 3, Ch. 105, L. 1937.

16-4004. Commissioners to determine sufficiency of petition — form of
resolution. On the day fixed by the board for consideration and final action
on such petition for abandonment the board shall meet and examine and
consider all petitions which may have been filed praying that particular
parts or portions of said county, if abandoned, be attached to an adjoining
county or counties, other than the county named in such petition for aban-
donment, and shall determine the sufficiency of each such petition filed, and
shall enter its findings with regard thereto in its minutes, and said board
shall thereupon adopt a resolution, which shall be in writing and also entered
in full in its minutes, and which shall be in substantially the following form:

Whereas, there has been filed with the clerk of (name) county, Montana,
a petition asking that the organization and corporate existence of said county
be abandoned and abolished and its territory attached to and made a part
of an adjoining county, to wit, the county of (name) Montana;

And whereas, said petition has been presented to the board of county
commissioners of (name) county, with a certificate of the clerk of said
county attached thereto showing that said petition has been signed by not

158

COUNTIES 16-4005

less than thirty-five per centum (35%) of the registered electors of said
county ;

(If any petition for attaching any part or portion of the county, in case
of abandonment to an adjoining county or counties, other than the county
named in the petition for abandonment, and found to have been signed by
the required number of registered electors, insert the following for each
petition)

And whereas, there has been filed a petition signed by not less than fifty
per centum (50%) of the registered electors residing within that part or
portion of said county described as (give description as contained in peti-
tion) praying that the part or portion of said county within such bound-
aries be attached to and made a part of the county of (name of county given
in petition) if said county be abandoned;

Now therefore be it resolved, that if said (name) county shall be aban-
doned and abolished the territory embraced within its boundaries shall
be attached to and become part of the following. (If all to be attached to
one adjoining county so state, but if parts or portions to any other county
or counties, then describe the part or portion to go to each adjoining county
as well as to the county named in the petition for abandonment.)

And be it further resolved, that the county clerk of (name) county, Mon-
tana, make copies of this resolution, each with a copy of said petition for
abandonment, with the signatures omitted therefrom (and copies of petitions
for attaching parts or portions of said county to adjoining county or coun-
ties, other than the county named in the petition for abandonment, if any
were filed and found sufficient, with signatures omitted) and certify to the
same and affix the seal of the county thereto, and transmit one of said
copies to the governor of the state of Montana, and one of said copies to the
clerk of each county to which any part of said county is to be attached, if
abandoned.

Said resolution must be signed by the members of the board of county
commissioners and the county clerk must, within five (5) days thereafter,
make the certified copies of said resolution, with copy of petition or petitions
attached, and transmit one copy to the governor of the state of Montana and
one copy to the county clerk of each county to which any part or portion of
said county is to be attached, if abandoned.
History: En. Sec. 4, Ch. 105, L. 1937.

16-4005. Governor to call special election — proclamation. Upon receipt
of a certified copy of the resolution provided for in section 16-4004,
the governor shall, witliin ten days thereafter, issue his proclamation call-
ing a special election in the county in which the petition referred to
in said resolution was filed, and in each county designated in such resolu-
tion as a county to which any of the territory of such county, if abandoned
and abolished, shall be attached and made a part, at which election there
shall be submitted to the qualified electors of the county in which such peti-
tion was filed the question of whether or not such county shall be abandoned
and abolished and its territory attached to and made a part of the county
designated and named for such purpose in said petition, and at which elec-

159

16-4006 ELECTION LAWS

tion there shall be submitted to the qualified electors of each county named
and designated in such resolution as a county to which a part of the territory
of the county, proposed to be abandoned and abolished, shall be attached and
made a part, if such county shall be so abandoned and abolished, the ques-
tion of whether or not such part of the territory of such county, if abandoned
and abolished, described in such resolution, shall be attached to and become
a part of such count}'. Such proclamation shall fix a day for holding such
election in such counties, which shall be not less than ninety days nor more
than one hundred and twenty days after the date of the date of the gover-
nor's proclamation calling the same ; provided that if a general election will
be held in said counties within one hundred and twenty days after the date
of such proclamation, the governor, in such proclamation, shall direct that
such question be submitted to the qualified electors of said counties at such
general election. Such proclamation shall be filed in the office of the secre-
tary of state and copies thereof shall be transmitted by the governor to the
county clerk of each of the counties in which such election is to be held.
History: En. Sec. 5, Ch. 105, L. 1937.

16-4006. County commissioners to proclaim election — question sub-
mitted. The county clerk of each of such counties after receiving a copy of
such election proclamation shall present the same to the board of county
commissioners, if such board is then in session, and if not in session, then at
the first meeting thereof held after such clerk has received the same, and
the board of county commissioners of each of such counties shall issue such
proclamations and give such notices of election as are required by the gen-
eral laws of this state when questions are to be submitted to the qualified
electors of a county at an election and which proclamation and notices shall
include a description of the boundaries of that part of the county proposed
to be abandoned and to be attached to and made a part of such county, if
said county be abandoned, and the county clerk of each of such counties
shall give notice of the closing of the registration books and shall cause the
same to be closed at the time and in the manner provided by the general
registration and election laws of this state.
History: En. Sec. 6, Ch. 105, L. 1937.

16-4007. Question to be submitted. At such election the question to be
submitted to the qualified electors of the county in which said petition was
filed shall be as follows:

□ For the abandonment and abolishment of the county of (name) and
attaching the territory within its boundaries to and making the same a part
of the county or counties of (name).

□ Against the abondonment and abolishment of the county of (name)
and attaching the territory within its boundaries to and making the same
a part of the county or counties of (name).

And the question to be submitted to the qualified electors of the counties,
designated in the resolution as the county or counties to which the territory
of the county proposed to be abandoned and abolished, is to be attached and
made a part, shall be as follows:

160

COUNTIES 16-4009

□ For attaehing to and making a part of the county of (name) a part
of the territory within the boundaries of the county of (name) if the same is
abandoned and abolished.

□ Against attaching to and making a part of the county of (name) a
part of the territory within the boundaries of the county of (name) if the
same is abandoned and abolished.

Said election shall be held, voted, counted and returns made and can-
vassed in the manner provided by the general election laws of this state.
History: En. Sec. 7. Ch. 105, L. 1937.

16-4008. CommissioTiers to canvass returns — governor to proclaim result.
The board of county commissioners of each county, acting as a canvassing
board, must within ten (10) days after the holding of such election canvass
the returns of such election, and within five (5) days thereafter the clerk of
each such county must make and enter in the records of said board a state-
ment of the vote in such county and transmit to the secretary of state, by
registered mail, an abstract thereof, which shall be marked "Election Re-
turns." Within ten (10) days after receiving such abstracts from all coun-
ties in which such election was held, and on notice from the secretary of
state, the board of state canvassers shall meet and canvass, compute and de-
termine the vote, and the secretary of state, as secretary of such board must
make and file in his office a statement thereof and transmit a copy thereof
to the governor. Upon receipt of such copy the governor shall issue a procla-
mation declaring the result of such election and shall file a copy of such
proclamation in the office of the secretary of state and transmit a copy of
such proclamation to the county clerk of each of the counties in which such
election was held, and each such county clerk shall file the same in his office
and present the same to the board of county commissioners of his county,
if such board is then in session, otherwise at the first meeting of the board
after the same has been received by such clerk.
History: En. Sec. 8, Ch. 105, L. 1937.

16-4009. Result of election determines abandonment. If, at such elec-
tion a majority of the votes cast in the county in which such petition was
filed shall be cast in favor of the abandonment and abolishment of such
county, and a majority of the votes cast in the county, designated in the
petition for abandonment as the county to which the territory of the aban-
doned county shall be attached, shall be in favor thereof, then the organ-
ization and political and corporate existence of the county in which such
petition for abondonment was filed shall cease and terminate and said county
shall be abandoned and abolished and disincorporated and cease to exist and
its territory shall be attached to and become a part of the counties desig-
nated in the resolution adopted under section 16-4004, and the term of
office of each of the officers thereof, and of the members of the board of
county commissioners thereof, and of its senator and representative in the
legislative assembly shall cease and terminate at twelve (12:00) o'clock mid-
night on the thirtieth day of June immediately following ; provided that if
at any such election a majority of the votes cast in any adjoining county
named in the resolution adopted under section 16-4004, other than the county

161

16-4301 ELECTION LAWS

designated in the petition for abandonment as the county to which the terri-
tory of the abandoned county shall attach, shall be against the attaching of
any portion of the territory of the abandoned county to such adjoining
county, then such portion of such territory described in said resolution shall
be attached and become a part of the county designated in such resolution
for abandonment as the county to which the territory of the abandoned
county shall attach.
History: En. Sec. 9, Ch. 106, L. 1937.

CHAPTER 43
PUBLIC HOSPITAL DISTRICTS

Section 16-4301. Purpose of act — allowable territory embraced within public hospital
district.

16-4302. Petition to board of county commissionera.

16-4303. Hearing.

16-4304. Reference of creation of district at election.

16-4305. Resolution and order of board as respects election.

16-4306. Favorable vote — commissioners finally to organize district.

16-4307, Government of district — appointment, election and terms of trustees.

16-4301. Purpose of act — allowable territory embraced within public
hospital district. The purpose of this act is to authorize the establishment
of public hospital districts which shall have power to supply hospital fa-
cilities and services to residents of such districts, and as herein authorized,
to others. A public hospital district may contain the entire territory em-
braced within a county or any portion or subdivision thereof.

HLstory: En. Sec. 1, Ch. 155, L. 1953;
amd. Sec. 1, Ch. 257, L. 1969.

16-4302. Petition to board of county commissioners. Proceedings for
creation of a hospital district shall be initiated by a petition, signed by not
less than thirty per centum (30%) of the qualified electors of the proposed
hospital district, who are taxpayers upon pi-operty within the proposed
hospital district and whose names appear on the last completed assessment
roll for state and county taxes. The [)etition may consist of one (1) sheet
or several sheets identical in form and fastened together after being
circulated and signed so as to form a single, complete petition before being
delivered to the county clerk. Tlie petition shall give tlie post-office address
and voting precinct of each petitioner. Only persons who are qualified to
sign such petitions shall be qualified to circulate the same, and there
shall be attached to the complete petition the affidavit of some person
who circulated or assisted in circulating the petition, that he believes the
signatures thereon are genuine and the signers knew the contents thereof
before signing the same. The complete petition, addressed to the board
of county commissioners of the county in which the proposed district is
situated, shall be filed with the county clerk, who shall within fifteen (15)
days thereafter, carefully examine tlie same and the county records showing
the qualifications of the petitioners, and attach it to a certificate under

162

COUNTIES 16-4304

his official sifinature and Die seal of liis office, wliicli certificate shall set
forth :

(1) The total imniber of persons wlio are registered electors within
the proposed hospital district and whose names appear u{)on the last com-
pleted assessment roll for state and county taxes.

(2) "Which and how many of the persons whose names are subscribed
to such petition are possessed of all of the qualifications required of signers
to such petition.

(3) Whether such qualified signers constitute more or less than thirty
per cent (30%) of the registered electors of the proposed hospital district
who are taxpayers upon property thereon and Avhose names appear on the
last completed assessment roll for state and county taxes. The county clerk
shall present the petition and his certificate to the board of county com-
missioners at its first meeting held after he has attached his certificate.
The board shall thereupon carefully examine the petition and, if it is
found that the petition is in proper form and bears the requisite number
of signatures of qualified petitioners, the board shall by resolution call a
hearing on the creation of such hospital district. A notice of such hearing
shall be published in a newspaper having general circulation in the terri-
tory within the boundaries of the proposed hospital district, once each
week for at least two (2) weeks, the last publication to be at least two (2)
weeks before the hearing. If there is no newspaper having general circula-
tion within the boundaries of the proposed hospital district, the notice of
hearing shall be posted in at least three (3) public places Avithin the
boundaries of the proposed district for two (2) weeks before the hearing.
The notice shall state the time, date, place and purpose of the hearing,
describe the boundaries of the proposed hospital district, and state that
any person residing in or owning property within the proposed hospital
district may appear in support of or in opposition to the petition at such
hearing.

History: En. Sec. 2, Ch. 155, L. 1953;
amd. Sec. 2, Ch. 257, L. 1969.

16-4303. Hearing. At the time fixed for said hearing, the board shall

hear all competent and relevant testimony offered in support of or in

opposition to said petition and the creation of .such district. Said hearing

may be adjourned from time to time for the determination of said facts,

or hearing petitioners or objectors, without additional published or posted

notice, but no adjournment shall exceed two (2) weeks in all from and

after the date originally noticed and published for the hearing.

History: En, Sec. 3, Ch. 155, L. 1953;
amd. Sec. 3, Ch, 257, L. 1969.

16-4304. Reference of creation of district at election. The board of
county commissioners, upon completion of the hearing hereinabove pro-
vided for, shall thereupon proceed by resolution to refer the question of the
creation of such district to the persons qualified to vote on such proposition.

163

16-1305 ELECTION LAWS

Said boainl, in its resolution of reference, may make such changes in the
boundaries of the proposed district as it may deem advisable, without, how-
ever, including any additional lands in)t described in the petition, and it
shall call an election, upon the question of the creation of the district.

History: En. Sec. 4, Ch. 155, L. 1953;
amd. Sec. 4, Ch. 257, L. 1969.

16-4305. Resolution and order of board as respects election. The board
must, in its resolution, designate whether a special election shall be held,
or whether the matter shall be determined at the next general election.
If a special election is ordered, the board must, in its order, specify the
date for such election, the voting places, and shall appoint and designate
judges and clerks therefor. The election shall be held in all respects as
nearly as practicable in conformity with the general election laws; pro-
vided that if a special election is held the polls shall be open from 8 a. m.
to 6 p. m., on the day appointed for such election. At such election, the
ballots must contain the words "Hospital District, Yes" and "Hospital
District, No." The judges of the election shall certify to the board of
county commissioners the results of said election. No person shall be quali-
fied to vote at such election who has not attained legal age, who is not an
owner of property within the boundaries of said district as defined by the
board, and whose name does not appear on the last completed assessment
roll of the county. Only qualified, registered electors residing within
the proposed hospital district, who are taxpayers upon property therein
and whose names appear on the last completed assessment roll for state
and county taxes shall have the right to vote on the question of the
creation of the hospital district.

History: En. Sec. 5, Ch. 155, L. 1953;
amd. Sec. 5, Ch. 257, L. 1969.

16-4306. Favorable vote — commissioners finally to organize district. In
the event that a majority of the votes cast are in favor of the creation
and establishment of said hospital district, the board of county commis-
sioners shall, within ten (10) days after the election, by resolution certify
such result, and proceed with the organization of such district as herein
specified. After twenty (20) days from the passage of such resolution,
the validit}^ of the creation of such hospital district and the regularity
of all proceedings preliminary thereto, shall not be questioned or asserted
in any legal action.

History: En. Sec. 6, Ch. 155, L. 1953;
amd. Sec. 6, Ch. 257, L. 1969.

16-4307. Government of district — appointment, election and terms of
trustees. Said hospital district shall be governed and managed by a board
of three (3) trustees, elected by the registered electors residing in the dis-
trict. The trustees must be elected from among the registered electors
qualified to vote at general elections within said district. The first
board of trustees shall be elected at the same election held upon the crca-

164

COUNTIES 16-4307

tion of tlie district, subject to tlie creation thereof, shall qualify upon the
ororanization of the district, if created, and the trustees juay be nominated
and have their names appear upon the ballots upon the filing with the
board of county commissioners of a petition signed by nuy five (5) quali-
fied electors of the district. Any elector may sign as many nominating
petitions as there are persons to be elected. The trustees elected for the
first board shall serve for terms commencing upon their being elected and
qualified and termiiuiting one (11 two (2) and three (3) years respec-
tively, from the first Monday in May following their election, and until
their respective successors shall be elected and qualify. Annually there-
after there shall be elected a trustee to serve for a term of three (3) years
and until his successor shall be elected and qualify and such term of three
(3) years shall commence on the first Monday in May following the said
trustee's election. All elections and nominations for election of trustees
thereafter, shall be conducted by said qualified voters in the same manner
as provided by the laws of the state of Montana for the election of school
trustees of a second or third class school district, provided that wherever
in the said laws of the state of Montana it is provided that certain action
shall be performed or filings made with the clerk of the school board,
the trustees or the board of trustees of the school district or the county
superintendent of schools, the same shall, for the purposes of this act, be
taken to refer to the clerk of tlie board of trustees of the public hosj:)ita]
district, the trustees or the board of trustees of the i)ublic hosj)ita] dis-
trict or the county clerk, respectively. The trustees at their first meeting
shall adopt bylaws for the government and management of the district,
and shall appoint a (jualified ])ersoii to serve as clerk of the said boaril,
who may or may not be one of their number. The trustees shall serve
without pay. A vacancy upon the board of trustees, or in the office of
eh'rk shall be tilled by appointment by the remaining members and the
appointee shall serve until the next ensuing election for trustees.

History: En. Sec. 7, Cli. 156, L. 1953;
camd. Sec. 1, Cli. D7, L. 1955; amd. Sec. 7,
Ch. 257, L. 196!).

CHAPTER 45

COUNTY WATER AND SEWER DISTRICTS

Section 16-4501. Organization of county water and/or sewer districts authorized.

16-4502. Organization of districts.

16-4503. Petition — boundaries of district — publication.

16-4504. Time of consideration — final hearing.

16-4505. Proposition submitted — who may vote — certificate of secretary of

state — district deemed incorporated — must hear testimony — suit

couinienecd within om- year — election.

16-4506. Election of directors — term of office.

16-4507. Nomination of officers.

16-4508. General law to govern.

16-4509. Officers subject to recall.

16-4513. Informalilj' not to invalidate.

16-4517. Bonded indebtedness.

165

16-4501 ~ ELECTION LAWS

16-4518. Election.

16-4519. Notice.

16-4520. Publication.

16-4521. Canvass of returns.

16-4522. Sixty per cent (60%) vote necessary.

16-4529. Initiative.

16-4530. Keferendum.

16-4531. Adding to and consolidation of district.

16-4535. Elections may be combined.

16-4501. Organization of county water and/or sewer districts author-
ized. A county Avater and/or sewer district may be organized and incor-
porated and managed as herein expressly provided and may exercise the
powers herein expressly granted or necessarily implied.

History: En. Sec. 1, Ch. 242, L. 1957; County of Yellowstone, 140 M 538, 374 P

amd. Sec. 1, Ch. 263, L. 1967. 2d 328, 333.

The title of the County Water District
Constitutionality Act (16-4501 to 16-4534) is not defective
The County "Water District Act (16-4501 because it provides only for the construe-
to 16-4534) is not unconstitutional on the tion of waterworks since the provisions in
ground that there is an invalid delegation the body of the act for water tax and
of power by the legislature because in- bond tax are germane to that part of the
adequate standards are provided in the title dealing with construction of water-
act since the provisions of the act are works and such taxes are necessary to
sufficiently clear, definite, and certain to accomplish the general objects of the
enable the countv water district to know bill. Parker v. County of Yellowstone, 140
its rights and " obligations. Parker v. M 538, 374 P 2d 328, 334.

16-4502. Organization of districts. The people of any county or coun-
ties, or porlion of a city or a county, or city and county, or any combina-
tion of these ])olitical divisions, whether such portion includes unincor-
porated territory or not, in the state of Montana, may organize a county
water and/or sewer district under the provisions of this act by proceeding
as herein provided.

History: En. Sec. 2, Ch. 242, L. 1957;
amd. Sec. 1, Ch. 167, L. 1965; amd. Sec. 1,
Ch. 263, L. 1C67.

16-4503. Petition — boundaries of district — publication. A petition,
which may consist of any number of separate instruments, shall be pre-
sented at a regular meeting of the board of commissioners of the county in
which the proposed district is located, signed by the registered voters Avithin
the boundaries of the proposed district, equal in number to at least ten per
centum (10%) of the registered voters of the territory included in such
proposed district. When the territory to be included in such proposed
district lies in more than one county, a petition must be presented to the
board of county commissioners of each county in which said territory lies
and each of said petitions must be signed by at least ten per centum (10%)
of the registered voters of llie territory Avithin said county to be included
within such proposed district. Such petition shall set forth and describe
the proposed boundaries of such district, and shall pray that the same be
incorporated under the provisions of this act, and the text of such petition

166

COUNTIES 16-4505

shall be published for ten (10) consecutive days in a daily newspaper or in
two (2) issues of a weekly newspaper printed and published in every county
in which said territory lies, together with a notice stating the time of the
meeting at which same will be presented. The first publication shall be at
least two (2) weeks before the time at whicli the petition is to be presented.
"When contained upon more than one (1) instrument, one (1) copy only of
such petition need be published. No more than five of the names attached
to said petition need appear in such publication of said petition and notice,
but the number of signers shall be stated.

History: En. Sec. 3, Ch. 242, L. 1957;
amd. Sec. 2, Ch. 167, L. 1965; amd. Sec. 1,
Ch. 263, L. 1967.

16-4504. Time of consideration — final hearing. With such publica-
tion there shall be published a notice of the time of the meeting of the
board when such petition will be considered and that all persons interested
therein may then appear and be heard. At such time the board of com-
missioners shall hear the petition and those appearing thereon together
with such written protests as shall have been filed with the county clerk
and recorder prior to such hearing by or on behalf of owners of taxable
property situated within the boundaries of the proposed district within
the county and may adjourn such hearing from time to time, not exceed-
ing four (4) weeks in all. No defect in the contents of the petition or in
the title to or form of the notice or signatures, or lack of signatures,
thereto shall vitiate any proceedings thereon, provided such petition or
petitions have a sufficient number of qualified signatures attached thereto.
On the final hearing said board shall make such changes in the proposed
boundaries which be within the county as may be deemed advisable and
shall define and establish such boundaries, but said board shall not modify
said boundaries as to exclude from such proposed district any territory
which Avould be benefited by the formation of such district; nor shall any
lands which will not, in the judgment of said board, be benefited by such
district be included within such proposed district. Any person whose lands
are benefited by such district may upon his application, to the board of
the county in which his lands be in the discretion of said board, have
such lands included within said proposed district.

History: En. Sec. 4, Oh. 242, L. 1957;
amd. Sec. 3, Ch. 167, L. 1965.

16-4505. Proposition submitted — ^who may vote — certificate of secre-
tary of state — district deemed incorporated — must hear testimony — suit
commenced within one year — election. Upon such hearing of said peti-
tion, the board of commissioners shall determine whether or not said pe-
tition complies with the requirements of the provisions of this act, and
for that purpose must hear all competent and relevant testimony offered
in support of or in opposition thereto. Such determination shall be en-

167

16-4505 ELECTION LAWS

tered upon the minutes of said board of commissioners. A finding of the
board of commissioners in favor of the genuineness and sufficiency of the
petition and notice shall be final and conclusive against all persons except
the state of Montana upon suit commenced by the attorney general. Any
such suit must be commenced within one (1) year after the order of the
board of commissioners declaring such district organized as herein pro-
vided, and not otherwise. Upon the final determination of the boundaries
of the district the board of commissioners of each county in which said
district lies shall give notice of an election to be held in said proposed
district for the purpose of determining whether or not the same shall be
incorporated, the date of which election shall be not more than sixty (GO)
days from the date of the final hearing of such petition. Such notice shall
describe the boundaries so established and shall state the proposed name
of the proposed incorporation (which name shall contain the words

" county water and/or sewer district"), and this notice shall

be published for ten (10) consecutive days in a daily newspaper or in two
(2) issues of a weekly newspaper printed and published in every county in
which said district lies. The first publication shall be made at least two (2)
weeks before the time at which the election is to be held. At such election
the proposition to be submitted shall be : "Shall the proposition to organize

county water and/or sewer district under (naming the

chapter containing this act) of the acts of the session of the

Montana legislature and amendments thereto be adopted?" And the elec-
tion thereupon shall be conducted, the vote canvassed and the result de-
clared in the same manner as provided by law in respect to general elections,
so far as they may be applicable, except as in this act otherwise provided.
No person shall be entitled to vote at any election under the provisions of
this act unless such person possesses all the qualifications required of elec-
tors under the general election laws of the state, and is the owner of taxable
real property located within the county in which he proposes to vote and
situated within the boundaries of the proposed district. Within four
(4) days after such election the vote shall be canvassed by the board of
commissioners. If a majority of the votes cast at such election in each
municipal corporation or part thereof and in the unincorporated terri-
tory of each county included in such proposed district shall be in favor of
organizing such county district, said board of each such county shall by an
order entered on its minutes declare the territory enclosed within the
proposed boundaries duly organized as a county water and/or sewer district
under the name theretofore designated, and the county clerk of each such
county shall immediately cause to be filed with the secretary of state and
shall cause to be recorded in the office of the county recorder of the county
or counties in which such district is situated, each, a certificate stating that
such a proposition was adopted. Upor\ the receipt of such last-mentioned
certificate the secretary of state shall, within ten (10) days, issue his
certificate reciting that the district (naming it) has been duly incorporated
according to the laws of the state of Montana. A copy of such certificate
shall be transmitted to and filed with the county clerk of the county or
counties in which such district is situated. From and after the date of

168

COUNTIES 16-4507

such certificate, the district named therein shall be deemed incorporated,
with all the rights, privileges and powers set forth in this act and neces-
sarily incident thereto. In case less than a majority of the votes cast are
in favor of said proposition the organization fails but without prejudice
to renewing proceedings at any time in the future.

History: En. Sec. 5, Ch. 242, L. 1957;
amd. Sec. 4, Ch. 167, L. 1965; amd. Sec. 1,
Ch. 263, L. 1967.

16-4506. Election of directors — term of office. At an election to be
held within such district under the provisions of this act and the laws
governing general elections not inconsistent herewith, the district tlius
organized shall proceed within ninety (90) days after its formation to the
election of a board of directors consisting, if there are no municipalities
within the boundaries of said district, of five (5) members. In all cases
where the boundaries of such district include any municipality or munici-
palities, said board of directors, in addition to said five (5) directors to be
elected as aforesaid, shall consist of one (1) additional director for each
one of said municipalities within such district, each such additional direc-
tor to be appointed by the mayor of the municipality for which said addi-
tional director is allowed; and if there be any /unincorporated territory
Avithin said district, one additional director, to be appointed by the board
of commissioners of each county containing such territory. Any director
so elected or appointed shall be a qualified freeholder and a resident of
said district. All directors, elected or appointed, shall hold office until the
election and qualification or appointment and qualification of their suc-
cessors. The term of office of directors elected under the provisions of this
act shall be four (4) years from and after the date of their election ; pro-
vided, that the directors first elected after the passage of this act shall
hold office only until the election and qualification of their successors as
hereinafter provided. The term of office of directors appointed by said
mayor or mayors or by said board of commissioners shall be six (6) years
from and after the date of appointment. Directors to be first appointed
under the provisions of this act shall be appointed within ninety (90) days
after the formation of the district. The election of directors of such district
shall be in every fourth year after its organization, on the fourth Tuesday
in March, and shall be known as the "general district election." All other
elections which may be held by authority of this act, or of the general laws,
shall be known as special district election.

History: En. Sec. 6, Ch. 242, L. 1957;
amd. Sec. 5, Ch. 167, L. 1965; amd. Sec. 1,
Ch. 263, L. 1967.

16-4507. Nomination of officers. (1) The mode of nomination and
election of all elective officers of such district to be voted for at any dis-
trict election and the mode of appointment of a director or directors by
said mayor or mayors or by said board of commissioners shall be as
follows and not otherwise.

(2) The name of a candidate shall be printed upon the ballot when
a petition of nomination shall have been filed in his behalf in the manner
and form and under the conditions hereinafter set forth.

169

16-4507 ELECTION LAWS

(3) The petition of nomination shall consist of not less than twenty-
five (25) individual certificates, which shall read substantially as follows:

PETITION OF NOMINATION
Individual Certificate
State of 1

I S3.

County of J

Prect. No

I, the undersigned, certify that I do hereby join in a petition for the

nomination of , whose residence is at for the office of

of the district to be voted for at the district

election to be held in the district on the day of

, 19.— ; and I further certify that I am a qualified elector

and freeholder residing within said district, and am not at this time a
signer of any other petition nominating any other candidate for the
above named office; or, in case there are several places to be filled in the
above named office, that 1 have not signed more petitions than there are
places to be filled in the above named office ; that my residence is at No.

street, , and that my occupation is

(Signed)

State of Montana i

^ ss.

County of i

, being duly sworn, deposes and says that he is the person

who signed the foregoing certificate and that the statements therein are
true and correct.

(Signed)

Subscribed and sworn to before me this day of 19

Notary Public

The petition of nomination of which this certificate forms a part shall,
if found insufficient, be returned to , at , Montana.

(4) Clerk to furnish forms. It shall be the duty of the county clerk
to furnish upon application a reasonable number of forms of individual
certificates of the above character. If the district lies in more than one
county, the county clerk whose county contains the largest percentage
of the territory of said district shall fulfill this function.

(5) Certificates. Each certificate must be a separate paper. All cer-
tificates must be of uniform size as determined by the county clerk.
Each certificate must contain the name of one signer thereto and no more.
Each certificate shall contain the name of one candidate and no more.
Each signer must be a qualified elector residing within said district, must
not at the time of signing a certificate have his name signed to any other
certificate for any other candidate for the same office, or, in case there
are several places to be filled in the same office, signed to more certificates
for candidates for that office than there are places to be filled in such

170

COUNTIES 16-4507

office. In case an elector has signed two or more conflicting certificates,
all such certificates shall be rejected. Each signer must verify his certifi-
cate and make oath that the same is true, before a notary public. Each
certificate shall further contain the name and address of the person to
whom the petition is to be returned in case said petition is found in-
sufficient.

(6) Presentation of petition. A petition of nomination, consisting
of not less than twenty-five (25) individual certificates for any one candi*^
date, may be presented to the county clerk not earlier than forty-five
(45) days nor later than thirty (30) days before the election. The county
clerk shall endorse thereon the date upon which the petition was presented
to him. If the district lies in more than one county, such petition for
nomination shall be presented to the county clerk whose county contains
the largest percentage of the territory of said district and said county clerk
shall fulfill all duties assigned to county clerks in elections under this act.

(7) Examination of petition. When a petition of nomination is pre-
sented for filing to the county clerk, he shall forthwith examine the same
and ascertain whether or not it conforms to the provisions of this section.
If found not to conform thereto, he shall then and there in writinf'
designate on said petition the defect or omission or reason why such
petition cannot be fiJed, and shall return the petition to the person
named as the person to whom the same may be returned in accordance
Avith this section. The petition may then be amended and again pre-
sented to the clerk as in the first instance. The clerk shall forthwith pro-
ceed to examine the petition as hereinbefore provided. If necessary,
the board of commissioners shall provide extra help to enable the clerk
to perform satisfactorily and promptly the duties imposed by this section.

(8) Signer may withdraw name. Any signer to a petition of nomi-
nation and certificate may withdraw his name from the same by filing with
the county clerk a verified revocation of his signature before the filing
of his petition by the clerk, and not otherwise. He shall then be at
liberty to sign a petition for another candidate for the same office.

(9) Candidate may withdraw. Any person whose name has been
presented under this section as a candidate may, not later than twenty-
five (25) days before the day of election, cause his name to be withdrawn
from nomination by filing with the county clerk a request therefor in
writing, and no name so withdrawn shall be printed upon the ballot.
If, upon such withdrawal, the number of candidates remaining does
not exceed the number to be elected, then other nominations may be made
by filing petitions therefor not later than twenty-five (25) days prior to
such election.

(10) Petition filed. If either the original or amended petition of
nomination be found sufficiently signed as hereinbefore provided, the
clerk shall file the same twenty-five (25) days before the date of the
election. "When a petition of nomination shall have been filed by the
clerk it shall not be withdrawn or added to and no signatures shall be
revoked thereafter.

171

16-4507 ELECTION LAWS

(11) Petitions preserved. The county clerk shall preserve in his
ofiBce for a period of two years, all petitions of nomination and all
certificates belonging thereto, filed under this section.

(12) List of candidates. Immediately after such petitions are filed,
the county clerk shall enter the names of the candidates in a list, with
the offices to be filled, and shall not later than twenty (20) days before
the election certify such list as being the list of candidates nominated
as required by the provisions of this act, and the board of commissioners
of each county in which the district lies shall cause said certified list of
names and the oflBces to be filled, to be published in the proclamation
calling the election at least ten (10) successive days before the election
in at least one (1) but not more than three (3) newspapers of general
circulation published in each county in which such district is located.
Such proclamation shall conform in all respects to the general state law
governing the conduct of general elections now or hereafter in force, appli-
cable thereto, except as otherwise herein provided,

(13) Ballots. Form. The county clerk shall cause the ballots to
be printed and bound and numbered as provided by said general state
law, except as otherwise required in this act. The ballots shall contain
the list of names and the respective offices as published in the proclama-
tion and shall be in substantially the following form :

GENERAL (OR SPECIAL) DISTRICT ELECTION

District,

(Inserting date thereof.)
Instructions to Voters: To vote, stamp or write a cross (X) opposite
the name of the candidate for whom you desire to vote. All marks other-
wise made are forbidden. All distinguishing marks are forbidden and
make the ballot void. If you wrongly mark, tear or deface tliis ballot,
return it to the inspector of election, and obtain another.

(14) How printed. All ballots printed shall be precisely on the
same size, quality, tint of paper, kind of type, and color of ink, so that
without the number it would be impossible to distinguish one ballot
from another; and the names of all candidates printed upon the ballot
shall be in type of the same size and style. A column may be provided
on the right-hand side for questions to be voted upon at district election,
as provided for under this act. The names of the candidates for each
office shall be arranged in alphabetical order, and nothing on the ballot
shall be indicative of the source of the candidacy or of the support of
any candidate.

(15) No candidate omitted. The name of no candidate who has
been duly and regularly nominated, and who has not withdrawn his
name as herein provided shall be omitted from the ballot.

(16) Office. The offices to be filled shall be arranged in the follow-
ing order : "For director vote for (giving number)."

(17) Voting squares. Half-inch square shall be provided at the
right of the name of each candidate wherein to mark the cross.

172

COUNTIES 16-4509

(18) Spaces below printed names. Half-inch spaces shall be left
below the printed names of candidates for each office, equal in number
to the number to be voted for, wherein the voter may write the name of
any person or persons for whom he may wish to vote.

(19) Votes necessary to elect. In case there is but one person
to be elected to an office, the candidate receiving a majority of the
votes cast for all the candidates for that office, shall be declared elected;
in case there are two or more persons to be elected to an office, as that
of director, then those candidates equal in number to the number to be
elected, who receive the highest number of votes for such office shall be
declared elected.

(20) Failure to qualify. If a person elected fails to qualify, the
office shall be filled as if there were a vacancy in such office, as herein-
after provided.

(21) Mode of appointment by mayor. The mode of appointment of
director or directors by a mayor, or by a board of commissioners, shall
be by certificate of appointment signed by said mayor or mayors, or
issued by said board of commissioners, and transmitted to the board
of directors of said district.

(22) Informality not to invalidate. No informality in conducting dis-
trict elections shall invalidate the same, if they have been conducted by
directors to fill a vacancy, or appointed by a mayor or by this act.

History: En. Sec. 7, Ch. 242, L. 1957;
amd. Sec. 6, Ch. 167, L. 1965; amd. Sec. 1,
Ch. 263, L. 1967.

16-4508. General law to govern. The provisions of the law relating
to the qualifications of electors, the manner of voting, the duties of
election officers, the canvassing of returns, and all other particulars in
respect to the management of general elections, so far as they may be
applicable, shall govern all district elections, except as in this act other-
wise provided; provided, however, that where a corporation owns taxable
real property within the boundaries of the district, the president, vice-
president or secretary of such corporation shall be entitled to cast a vote
on behalf of the corporation; provided also that an elector owning taxable
real property within the district need not reside within the district in order
to vote, and provided that the board of commissioners shall canvass the
returns of the first election and that thereafter, except as herein pro-
vided, the board of directors shall meet as a canvassing board and duly
canvass the returns within four (4) days after any district election, includ-
ing any district bond election. If the district lies in more than one county,
the board of commissioners whose county contains the largest percentage of
the territory of said district shall canvass the returns of the first election.

History: En. Sec. 8, Ch. 242, L. 1957; Ch. 167, L. 1965; amd. Sec. 1, Ch. 263, L.
amd. Sec. 1, Ch. 258, L. 1959; amd. Sec. 7, 1967.

16-4509. Officers subject to recall. Every incumbent of an elective
office, whether elected by popular vote for a full term, or elected by the
board of directors to fill a vacancy, or appointed by a mayor or by said

173

16-4513 ELECTION LAWS

board of commissioners for a full term, is subject to recall by the
voters of any district organized under the provisions of this act, in accord-
ance with the recall provisions of sections 11-3220 to 11-3227, both in-
clusive, applicable to officers under the commissioner-manager plan.

History: Sn. Sec. 9, Ch. 242, L. 1957;
amd. Sec. 1, Ch. 263, L. 1967.

16-4513. Informality not to invalidate. No informality in any pro-
ceeding or informality in the conduct of any election, not substantially
affecting adversely the legal rights of any citizen, shall be held to in-
validate thr" incorporation of any district, and any proceeding wherein the
validity of such incorporation is denied shall be commenced within three
(3) months from the date of the certificate of incorporation, otherwise said
incorporation and the legal existence of said district, and all proceedings
in respect thereto, shall be held to be valid and in every respect legal and
incontestable.

History: En. Sec. 13, Ch. 242, L. 1957;
amd. Sec. 1, Ch. 263, L. 1967.

16-4517. Bonded indebtedness. Whenever the board of directors deem
it necessary for the district to incur a bonded indebtedness, it shall by a
resolution so declare and state the purpose for which the proposed debt
is to be incurred, the land within the district to be benefited thereby, the
amount of debt to be incurred, the maximum term the bonds proposed
to be issued shall run before maturity, which shall not exceed forty (40)
years, and the maximum rate of interest to be paid, which shall not ex-
ceed seven per cent (7%) per annum, and the proposition to be sub-
mitted to the electors.
History: En. Sec. 17, Ch. 242, L. 1957.

16-4518. Election. The board of directors shall fix a date upon which
an election shall be held for the purpose of authorizing said bonded in-
debtedness to be incurred. It shall be the duty of the board of directors to
provide for holding such special election on the day so fixed, in accord-
ance with the general election laws of the state, so far as the same shall
be applicable, except as herein otherwise provided.
History: En. Sec. 18, Ch. 242, L. 1957.

16-4519. Notice. Such board of directors shall give notice of the
holding of such election, which notice shall contain the resolution adopted
by the board of directors of the district, boundaries of voting precincts,
which shall include therein only the lands to be benefited, as stated in such
resolution, the location of polling places, and the names of the officers
selected to conduct the election, who shall consist of one judge, one inspec-
tor and two clerks in each precinct.

History: En. Sec. 19, Ch. 242, L. 1957;
amd. Sec. 1, Ch. 263, L. 1967.

16-4520. Publication. Such notice shall be published for ten (10)
consecutive days in a daily newspaper or in two (2) issues of a weekly

174

COUNTIES 16-4531

newspaper published in each county wherein such district is located, which

newspaper or newspapers shall be designated by the board of directors.

Every qualified elector, owning taxable real property, within such voting

precincts, but no others, shall be entitled to vote at such election. All the

expenses of holding such election shall be borne by the district.

History: En. Sec. 20, Ch. 242, L. 1957; 8, Ch. 167, L. 1965; amd. Sec. 1, Ch. 263,
amd. Sec. 2, Ch. 258, L. 1959; amd. Sec. L. 1967.

16-4521. Canvass of returns. The returns of such election shall be
made to and the votes canvassed by said board of directors on the first
Monday following said election, and the results thereof ascertained and
declared in accordance with the general election laws of the state, so
far as they may be applicable, except as herein otherwise provided. The
secretary of the board of directors, as soon as the result is declared, shall
enter in the records of such board a statement of such results. No irregu-
larities or informalities in conducting such election shall invalidate the
same, if the election shall have otherwise been fairly conducted. In all
respects not otherwise provided for herein, said election shall be called,
managed and directed as is by law provided for general elections in this
state applicable thereto, except as herein otherwise provided.
History: En. Sec. 21, Ch. 242, L. 1957.

16-4522. Sixty per cent (60%) vote necessary. If from such returns
it appears that sixty per cent (60%) or more of the votes cast at such
election were in favor of and assented to the incurring of such indebted-
ness, tlien tlie board of directors may, by resolution, at such time or times
as it deems proper, provide for the form and execution of such bonds and
for the issuance of any part thereof, and may sell or dispose of the bonds
so issued at such times or in such manner as it may deem to be to the
public interest.

History: En. Sec. 22, Ch. 242, L. 1957;
amd. Sec. 1, Ch. 335, L. 1969.

16-4529. Initiative. Ordinances may be passed by the electors of any

district organized under the provisions of this act in accordance with the

methods provided by the general laws of the state for direct legislation

applicable to cities and towns.

History: En. Sec. 29, Ch. 242, L. 1957;
amd. Sec. 1, Ch. 263, L. 1967.

16-4530. Referendum. Ordinances may be disapproved and thereby

vetoed by the electors of any such district by proceeding in accordance

with the methods provided by the general laws of the state for protesting

against legislation by cities and towns.

History: En. Sec. 30, Ch. 242, L. 1957;
amd. Sec. 1, Ch. 263, L. 1967.

16-4531. Adding to and consolidation of district. Any portion of any
county or any municipality, or both, may be added to any district organized
under the provisions of this act, at any time, upon petition presented in the

175

16-4535 ELECTION LAWS

manner therein provided for the organization of such district, which petition
may be granted by ordinance of the board of directors of such district. Such
ordinance shall be submitted for adoption or rejection to the vote of the
electors in such district and in the proposed addition, at a general or spe-
cial election held as herein provided, within seventy (70) days after the
adoption of such ordinance. If such ordinance is approved, the president
and secretary of the board of directors shall certify that fact to the secre-
tary of state and to the county recorder of the county in which such dis-
trict is located. Upon the receipt of such last mentioned certificate the
secretary of state shall, within ten (10) days, issue his certificate, reciting
the passage of said ordinance and the addition of said territory to said
district. A copy of such certificate shall be transmitted to and filed with the
county clerk of the county in which such district is situated. From and
after the date of such certificate the territory named therein shall be
deemed added to and form a part of said district, with all the rights,
privileges and powers set forth in this act and necessarily incident thereto.
Two or more districts organized under the provisions of this act may
consolidate, at any time, upon petitions submitted to the board of directors
of each such district. Such petitions shall be in the form required for
petitions for the organization of districts. Each such petition shall be
signed by not less than ten per cent (10%) of the registered voters of the
territory included within said district. Said petitions may be granted by
ordinance of the board of directors of each of said districts. Such ordi-
nances shall be submitted for adoption or rejection to the vote of the
electors in such districts at general or special elections held as herein pro-
vided within seventy (70) days after the adoption of such ordinances. If
such ordinances are approved, the president and secretary of the boards of
directors of each of said districts shall certify that fact to the secretary of
state and to the county clerk of the county or counties in which such dis-
tricts are located. Upon the receipt of said certificate the secretary of state
shall, within ten (10) days, issue his certificate, reciting the passage of said
ordinances and the consolidation of said districts. A copy of such certificate
shall be transmitted to and filed with the county clerk of each county in
which such consolidated district is situated. From and after the date of
such certificate, the said districts shall be deemed to be consolidated and
shall consist of one district with all the rights, privileges and powers set
forth in this act and necessarily incident thereto. The number and manner
of selection and election of directors of the consolidated district shall be the
same as the number and manner of selection and election of directors of
newly organized districts.

History: En. Sec. 31, Ch. 242, L. 1957;
amd. Sec. 1, Ch. 263, L. 1967.

16-4535. Elections may be combined. The board of commissioners in
its discretion may combine in one election the election on the formation of
the district, tlic clpction of dii-ectors, and the election on incurring u
bonded indebtedness, so tliat tlie ehn'tors of the district may vote on all
of these matters on tlie same date and at the same time. If the elections

176

COUNTIES 16-4535

are combined the board of eommissioiiers shall so dcehirc by resolution
containinf^C the provisions required by ] (5-451 7. Candidates for the office
of director shall be nominated in the manner required by 16-4507. When-
ever the elections are combined, notice of the election, the names of the
candidates and the details conceriiinf? the bonded indebtedness may be
gfiven in the manner prescribed by 16-4505 and 16-4507 or eithor of them.

History: En. 16-4535 by Sec. 1, Ch.
109, L. 1969.

177

TITLE 19

DEFINITIONS AND GENERAL PROVISIONS

CHAPTER 1

DEFINITIONS AND CONSTEUCTION OF TERMS— HOLIDAYS— OTHER

GENERAL PROVISIONS

8«etioii 19-107. Legal holidays and bosineH dayi defined.

19-107. (10) Leg-al holidays and business days defined. The following
are legal holidays in the state of Montana:

(1) Each Sunday.

(2) New Year's Day, January 1.

(3) Lincoln's Birthday, February 12.

(4) Washington's Birthday, the third Monday in February.

(5) Memorial Day, the last Monday in May.

(6) Independence Day, July 4,

(7) Labor Day, the first Monday in September.

(8) Columbus Day, the second Monday in October.

(9) Veterans' Day, the fourth Monday in October.

(10) Thanksgiving Day, the fourth Thursday in November.

(11) Christmas Day, December 25.

(12) State general election day.

If any of the above-enumerated holidays (except Sunday) fall upon a
Sunday, the Monday following is a holiday. All other days are business
days.

"Whenever any bank in the state of Montana elects to remain closed
and refrains from the transaction of business on Saturday, pursuant to
authority for permissive closing on Saturdays by virtue of the laws of the
state, legal holidays for such bank during the year of such election are
hereby limited to the following holidays:

(1) Each Sunday.

(2) New Year's Day, January 1.

(3) Memorial Day, the last Monday in May.

(4) Independence Day, July 4.

(5) Labor Day, the first Monday in September.

(6) Thanksgiving Day, the fourth Thursday in November.

(7) Christmas Day, December 25.

Any bank practicing Saturday closing in compliance with law may remain
closed and refrain from the transaction of business on Saturdays, not-
withstanding that a Saturday may coincide with a legal holiday other than
one of the holidays designated above for banks practicing Saturday closing
in compliance with law, and provided further that it shall be optional
for any bank, whether practicing Saturday closing or not, to observe as
a holiday and to be closed on any day upon which a general election is

178

DEFINITIONS AND GENERAL PROVISIONS 19-107

held throughout the state of Montana and on Veterans' Day, the fourth
Monday in October, and on any local holiday which historically or tradi-
tionally or by proclamation of a local executive official or governing body
is established as a day upon which businesses are generally closed in the
community in which the bank is located.

History: Ap. p. Sec. 10, Pol. C. 1895; amd. Sec. 1, Ch. 209, L. 1955; amd. Sec. 1,
re-en. Sec. 10, Rev. C. 1907; amd. Sec. 1, Ch. 6, L. 1965; amd. Sec. 1, Ch. 89, L
Ch. 21, 1921; re-en. Sec. 10, R. C. M. 1921; 1969. Cal. Pol. C. Sees. 10-11.

179

TITLE 23— ELECTIONS

Chiipter

1. Time of holding elections — proclam;itions, Ropoulcd — Section 248, Chapter 368,

Laws of 19G9.

2. Publication of questions submitted to popular vote, Repealed — Section 248, Chapter

368, Laws of 1969.

3. Qualifications and privileges of electors, Repealed — Section 248, Chapter 368,

Laws of 1960.

4. Election precincts, Repealed— Section 248, Chapter 368, Laws of 1969.

5. Registration of electors. Repealed— Section 248, Chapter 368, Laws of 1969.

6. Judges and clerks of elections, Repealed — Section 248, Chapter 368, Laws of 1969.

7. Election supplies. Repealed— Section 248, Chapter 368, Laws of 1969.

8. Nomination of candidates for special elections by convention or primary meetings

or by electors. Repealed— Section 248, Chapter 368, Laws of 1969.

9. Party nominations by direct vote — the direct primary. Repealed — Section 11,

Chapter 156, Laws of 1965; Section 248, Chapter 368, Laws of 1969.

10. Political parties, Repealed— Section 8, Chapter 266, Laws of 1955; Section 11,

Chapter 156, Laws of 1965; Section 248, Chapter 368, Laws of 1969.

11. Ballots, preparation and form, Repealed — Section 13, Chapter 194, Laws of 1967;

Section 248, Chapter 368. Laws of 1969.

12. Conducting elections — the polls— voting and ballots. Repealed — Section 248, Chap-

ter 368, Laws of 1969.

13. Voting by absent electors, Repealed — Section 248, Chapter 368, Laws of 1969.

14. Voting by absent electors in United States service, Repealed — Section 248, Chapter

368, Laws of 1969.

15. Registration of electors absent from county of their residence. Repealed — Section

248, Chapter 368, Laws of 1969.

16. Voting machines — conduct of election when used, Repealed — Section 248, Chapter

368, Laws of 1969.

17. Election returns, Repealed— Section 248, Chapter 368, Laws of 1969.

18. Canvass of election returns — results and certificates. Repealed — Section 13, Chap-

ter 194, Laws of 1967; Section 248, Chapter 368, Laws of 1969.

19. Failure of elections — proceedings on tie vote. Repealed — Section 248, Chapter

368, Laws of 1969.

20. Nonpartisan nomination and election of judges of supreme court and district

courts, Repealed— Section 3. Chapter 20, Laws of 1959; Section 248, Chapter
368, Laws of 1969.

21. Presidential electors, how chosen — duties, Repealed — Section 248, Chapter 368,

Laws of 1969.

22. Members of Congress — elections and vacancies. Repealed — Section 248, Chapter 368,

Laws of 1969.

23. Recount of ballots— results. Repealed — Section 248, Chapter 368, Laws of 1969.

24. Conventions to ratify proposed amendments to constitution of the United States,

Repealed— Section 248, Chapter 368, Laws of 1969.

25. Electronic voting systems. Repealed — Section 248, Chapter 368, Laws 1969.

26. Definitions and general provisions, 23-2601 to 23-2606.

27. Qualifications and privileges of electors, 23-2701 to 23-2705.

28. Publication of questions submitted to popular vote, 23-2801, 23-2802.
9. Proclamations and publications. 23-2901 to 23-2904.

30. Registration of electors, 23-3001 to 23-3029.

31. Election precincts, 23-3101 to 23-3103.

32. Judges and clerks of elections. 23-3201 to 23-3207.

33. Primary elections and nominations by certificate. 23-3301 to 23-3321.

34. Political ])arties, committeemen and committees, 23-3401 to 23-3407.

35. Election supplies and ballots, 23-3501 to 23-3517.

36. Conduct of elections— the polls— voting and ballots, 23-3601 to 23-3618.

37. Absentee voting and registration, 23-3701 to 23-3723.

38. Voting machines, 23-3801 to 23-3822.

39. Electronic voting systems, 23-3901 to 23-3907.

4'i. Canvass of votes — returns and certificates, 23-4001 to 23-4019.

41. Recounts, 23-4101 to 23-4122.

42. Contests of bond elections, 23-4201, 23-4202.

181

23-101 ELECTIONS

4.!. PiTsidcntial electors, 23-4301 to 23-4307.

44. Members of Congress — elections and vacancies, 23-4401 to 23-4404.

45. Nonpartisan nomination and election of judges, 23-4501 to 23-4511.

46. Conventions to ratify amendments to constitution of the United States, 23-4601 to

23-4611.

CHAPTER 1

TIME OF HOLDING ELECTIONS— PROCLAMATIONS
(Repealed— Section 248, Chapter 368, Laws of 1969)

23-101 to 23-106. (531 to 536) Repealed

-epeal to th

lections 23-101 to 23-106 (Sees. 1150, ^ion
1151, 1160 to 1163, Pol. C. 1895), relating -^8, Ch. 368, Laws 1969

Repeal to the time of holding elections and elec-

Sections 23-101 to 23-106 (Sees. 1150, ^ion proclamations, were repealed by Sec.

CHAPTER 2

PUBLICATION or QUESTIONS SUBMITTED TO POPULAR VOTE
(Repealed— Section 248, Chapter 368, Laws of 1969)

23-201, 23-202. (537.1, 538) Repealed.

Repeal ments and questions to be submitted to

Sections 23-201 and 23-202 (Sec. 1, Ch. the people of the county or municipality,

130, L. 1919; Sec. 1, Ch. 62, L. 1927; Sec. ^ere repealed by Sec. 248, Ch. 368, Laws

1, Ch. 104, L. 1945), relating to publica- 19^9.

tion of proposed constitutional amend-

CHAPTER 3

QUALIFICATIONS AND PRIVILEGES OF ELECTORS
(Repealed— Section 248, Chapter 368, Laws of 1969)

23-301 to 23-311. (539 to 544) Repealed.

Repeal 1, Ch. 64, L. 1959), relating to the require-

Sections 23-301 to 23-311 (Sees. 1180, ment for elections by ballot, qualifications

1181, 1183 to 1185, 1188, Pol. C. 1895; of electors, privileges of electors, and the

Sec. 1, Ch. 44, L. 1941; Sees. 1 to 4, Ch. definition of "taxpayers," were repealed

28, L. 1945; Sec. 1, Ch. 92, L. 1949; Sec. by Sec. 248, Ch. 368, Laws 1969.

CHAPTER 4

ELECTION PRECINCTS
(Repealed— Section 248, Chapter 368, Laws of 1969)

23-401 to 23-407. (545 to 551) Repealed.

Repeal 25, L. 1929), relating to election precincts.

Sections 23-401 to 23-407 (Sees. 1243, ^^'^''^^ boundaries, and designation of places

1244, Pol. C. 1895; Sees. 2 to 6, Ch. 113, for holding elections, were repealed by

L. 1911; Sees. 2 to 6, Ch. 74. L. 1913; Sec. 248, Ch. 368, Laws 1969.
Sees. 2 to 6, Ch. 122, L. 1915; See. 1, Ch.

182

NOMINATIONS FOR SPECIAL ELECTIONS 23-820

CHAPTER 5

EEGISTKATION OP ELECTORS
(Repealed— Section 248, Chapter 368, Laws of 1969)

23-501, 23-501.1, 23-502 to 23-534. (553 to 562, 566 to 586) Repealed.

Repeal 71, L. 1935; Sec. 1, Ch. 147, L. 1937; Sees.

Sections 23-501, 23-501.1, 23-502 to 23- 1 *» 6, Ch. 172, L. 1937; Sec. 1, Ch. 51,

534 (Sees. 1, 7, 12, 17 to 24, 26, 29, 30, L. 1941; Sec. 1, Ch. 144, L. 1941; Sees.

32, 35 to 39, Ch. 113, L. 1911; Sees. 1, 1- 2, Ch. 177, L. 1943; Sec. 1, Ch. 167,

7, 12, 15, 17 to 24, 26, 29, 30, 32, 35 L- 1^45; Sec. 1, Ch. 83, L. 1953; Sees. 1,

to 40, Ch. 74, L. 1913; Sees. 1, 7 to 36, 2, Ch. 80, L. 1955; Sees. 1, 2, Ch. 18, L.

Ch. 122, L. 1915; Sec. 1, Ch. 38, L. 1917; 1959; Sees. 2 to 4, Ch. 64, L. 1959; Sees.

Sec. 1, Ch. 29, L. 1919; Sec. 1, Ch. 58, 1 ^o 5. Ch. 98, L. 1965; Sees. 3, 4, Ch.

L. 1919; Sees. 1 to 4, Ch. 97, L. 1919; See. 156, L. 1965; Sees. 1, 2, Ch. 139, L. 1967),

1, Ch. 235, L. 1921; Sees. 1, 2, Ch. 61, L. relating to registration of electors, were

1933; Sec. 1, Ch. 25, L. 1935; Sec. 1, Ch. repealed by Sec. 248, Ch. 368, Laws 1969.

CHAPTER 6

JUDGES AND CLERKS OF ELECTIONS
(Repealed— Section 248, Chapter 368, Laws of 1969)

23-601 to 23-604, 23-604.1, 23-604.2, 23-605 to 23-612. (587 to 597) Re-
pealed.

Repeal 49, L. 1945; Soc. 2, Ch. 167, L. 1945; Sec. 1,

Sections 23-601 to 23-604, 23-604.1, 23- Ch. 117, L. 1947; Sec. 1, Ch. 12, L. 1951;

604.2, 23-605 to 23-612 (Sees. 6, 7, p. Sec. 1, Ch. 14, L. 1957; Sec. 1, Ch. 210,

461, Cod. Stat. 1871; Sees. 1173, 1260 to L. 1957; Sees. 1, 2, Ch. 99, L. 1961; Sec.

1269, Pol. C. 1895; Sec. 1, Ch. 101, L. 1» Ch. 46, L. 1963), relating to judges and

1917; Sees. 1, 2, Ch. 43, L. 1923; Sec. 1, clerks of elections, were repealed by Sec.

Ch. 61, L. 1937; Sec. 1, Ch. 85, L. 1941; 248, Ch. 368, Laws 1969.
Sees. 1, 2, Ch. 40, L. 1943; Sec. 1, Ch.

CHAPTER 7

ELECTION SUPPLIES
(Repealed — Section 248, Chapter 368, Laws of 1969)

23-701 to 23-713. (598, 600 to 611) Repealed.

Repeal Sec. 5, Ch. 64, L. 1959), relating to poll-
Sections 23-701 to 23-713 (Sec. 18, p. books, ballots, ballot boxes, printed in-
463, Cod. Stat. 1871; Sec. 20, p. 140, L. stnictions to electors, return forms, and
1889; Sees. 1174, 1270 to 1273, 1300, 1302, other election supplies, were repealed by
1303, 1356, Pol. C. 1895; Sec. 1, Ch. 88, Sec. 248, Ch. 368, Laws 1969.
L. 1907; Sees. 1 to 4, Ch. 12, L. 1915;

CHAPTER 8

NOMINATION OF CANDIDATES FOR SPECIAL ELECTIONS BY CONVENTION
OR PRIMARY MEETINGS OR BY ELECTORS

(Repealed— Section 248, Chapter 368, Laws of 1969)

23-801 to 23-820. (612 to 618.1, 619 to 630) Repealed.

^^P^^l Pol. C. 1895; Sees. 2 to 9. 11, 12, 10, pp. 135

Sections 23-801 to 23-820 (Sees. 1310 to 138, 140, L. 1889; Sees. 1 fo :',. j.p. 115,

to 1317, 1319, 1320, 1322, 1330 to 1336, 116, L. 1901; Sec. 1, Cli. 15, L. 1925; Sec. 1,

183

23-901 ELECTIONS

Ch. 58, L. 1925; Sec. 1, Ch. 64, L. 1925; 156, L. 1965; Sec. 1, Ch. 86, L. 1967;

Sec. 1, Ch. 28, L. 1933; Sec. 1, Ch. 104, See. 3. Ch. 194, L. 1967), relating to

L. 1943; Sec. 1, Ch. 105, L. 1943; Sec. nominations for special elections, were re-

1, Ch. 26, L. 1945; Sec. 1, Ch. 259, L. 1947; pealed by Sec. 248, Ch. 368, Laws 1969.
Sec. 1, Ch. 160, L. 1949; Sees. 5, 6, Ch.

CHAPTER 9

PARTY NOMINATIONS BY DIRECT VOTE— THE DIRECT PRIMARY

(Repealed — Section 11, Chapter 156, Laws of 1965; Section 248, Chapter 368,

Laws of 1969)

23-901 to 23-936. (631 to 641, 644 to 652, 654 to 663, 665 to 670) Re-
pealed.

Repeal Sec. 1, Ch. 27, L. 1945; Sec. 1, Ch. 34, L.

Sections 23-901 to 23-936 (Sees. 1 to lf*-15; Sec. 3, Ch. 167, L. 1945; Sec. 1, Ch.

10, 13 to 21, 23 to 29, 31 to 38, Initiative ^5, L. 1949; Sec. 1, Ch. 64, L. 1951; Sees.

Measure Nov. 1912; Sees. 1, 3, Ch. 88, L. ^y -- Ch. 6, L. 1953; Sec. 1, Ch. 8, L.

1921; Sec. 1, Ch. 1, Ex. L. 1921; Sees. 1^53; Sec. 12, Ch. 214, L. 1953; Sec. 1, Ch.

1, 2, Ch. 133, L. 1923; Sees. 1, 2, Ch. 12, 19, L. 1955; Sec. 2, Ch. 207, L. 1955; Sees.

L. 1925; Sec. 1, Ch. 118, L. 1925; Sec. 1 to 3, Ch. 266, L. 1955; Sec. 6, Ch.

1, Ch. 159, L. 1925; Sec. 1, Ch. 3, L. 1927; 64, L. 1959; See. 1, Ch. 219, L. 1959; Sees.

Sec. 1. Ch. 7, L. 1927; Sec. 1, Ch. 14, L. 1- 2, Ch. 274, L. 1959; Sec. 1, Ch. 38, L.

1927; Sec. 1, Ch. 98, L. 1927; Sec. 1, Ch. 1961; Sees. 2, 7, Ch. 156, L. 1965; Sec.

125, L. 1927; Sec. 1, Ch. 34, L. 1929; 1j <^1'- 151> L- 1967; Sees. 4, 5, Ch. 194,

Sec. 1, Ch. 67, L. 1929; Sec. 1, Ch. 6, 1^- li'67), relating to primary elections,

L. 1933; Sec. 1, Ch. 62, L. 1933; Sec. 1, "ere repealed by Sec. 11, Ch. 156, Laws

Ch. 181, L. 1937; Sec. 1, Ch. 84, L. 1939; 1965; See. 248, Ch. 368, Laws 1969.

CHAPTER 10

POLITICAL PARTIES

(Repealed — Section 8, Chapter 266, Laws of 1955; Section 11, Ciii\[)ter 156,
Laws of 1965; Section 248, Chapter 368, Laws of 1969)

23-1001 to 23-1009. (673.1 to 673.8) Repealed.

Repeal 266, L. 1955; Sec. 3, Ch. 274, L. 1959;

Sections 23-1001 to 23-1009 (Sees. 1 to •'^•'<'«- 1; 8, Ch. 156, L. 1965), relating, to

8, Ch. 126, L. 1927; Sec. 2, Ch. 64, L. political parties, were repealed by See.

1951; Sec. 1, Ch, 55, L. 1953; Sees. 13 to «. Ch. 266, Laws 1955; Sec. 11, Ch. 156,

16, Ch. 214, L. 1953; Sees. 4 to 7, Ch. L-'i^^'s 1965; Sec. 248, Ch. 368, Laws 1969.

CHAPTER 11

BALLOTS, PREPARATION AND FORM

(Repealed — Section 13, Chapter 194, Laws of 1967; Section 248, Chapter 368,

Laws of 1969)

23-1101 to 23-1117. (677 to 681, 683 to 687) Repealed.

Repeal F, Ch. 141, L. 1947; Sec. 1, Subds. A to F,

Sections 23-1101 to 23-1107 (Sees. 1, 17, Ch. 79, L. 1949; Sees. 1 to 3, Ch. 72, L.

pp. 135, 139, L. 1889; Sees. 1350 to 1355, 19o3; Sec. 9, Ch. 156, L. 1965; Sees. 6,

Pol. C. 1895; See. 1354, p. 117, L. 1901; 7, Ch. 194, L. 1967), relating to form,

Sees. 2, 3, Ch. 88, L. 19()7; See. 1, Ch. 16, I'niiting and distribution of ballots, were

L. 1925; Sec. 1, Ch. 203, L. 1937; Sees. rei)e:iled by See. 13. Ch. 194, Laws 1967;

1, 2, Subds. A to F, CIi. 81, L. 1939; Sec. Sec. 248, Ch. 368, Laws 1969.
1, Ch. 170, L. 1939; Sec. 1, Subds. A to

184

REGISTRATION OF ABSENT ELECTORS

23-1503

CHAPTER 12

CONDUCTING ELECTIONS— THE POLLS— VOTING AND BALLOTS
(Repealed— Section 248, Chapter 368. Laws of 1969)

23-1201 to 23-1228. (G«S tu 711) Repealed.

Repeal

Sections 23-1201 to 23-1228 (Sec. 11,
p. 462, Cod. Stat. 1871; Sees. 22 to 27,
pp. 141, 142, L. 1889; Sees. 1290 to 1292,
1358, 1360 to 1379, Pol. C. 1895; Sees.
1357 to 1359, 1361, 1364, pp. 118 to 120,
L. 1901; Sees. 4, 5, Ch. 88, L. 1907: Sec.
26, Ch. 113, L. 1911; Sec. 26, Ch. 74, L.
1913; Sec. 26, Ch. 122, L. 1915; Sec. 1,
Ch. 3, L. 1935; Sec. 1, Ch. 2, L. 1937;

Sec. 1, Ch. Ill, L. 1937; Sec. 1, Ch. 207
L. 1955; Sec. 1, Ch. 32, L. 1959; Sees
7, 8, Ch. 64, L. 1959; See. 1, Ch. 77, L
1961), relating to voting time allowance
time of and proclamations on opening and
closing of polls, furnishing and arrange
ment of polling places, methods and man
ner of voting, and challenges, were re
pealed by Sec. 248, Ch, 368, Laws 1969.

CHAPTER 13

VOTING BY ABSENT ELECTORS
(Repealed— Section 248, Chapter 368, Laws of 1969)

23-1301 to 23-1302(2), 23-1303, 23-1303.1, 23-1304 to 23-1321. (715 to
735) Repealed.

Repeal 1955; Sees. 3 to 5, Ch. 18, L. 1959; Sees.

Sections 23-1301 to 23-1302(2), 23-1303, 9 to 11, Ch. 64, L. 1959; Sees, 1 to 3,
23-1303.1, 23-1304 to 23-1321 (Sees. 1 to 20, <^''i- 216, L. 1959; Sees. 1 to 3, Ch. 108,

Ch. 110, L. 1915; Sees. 1 to 21, Ch. 155,
L. 1917; Sees. 1 to 3, Ch. 151, L. 1923; Sec.

1, Ch. 32, L. 1941; Sees. 1 to 17, Ch. 234, L.
1943; Sec. 1, Ch. 60, L. 1953; Sees. 1,

2, Ch. 104, L. 1953; Sec. 1, Ch. 152, L,

L. 1963; Sees. 1, 2, Ch. 124, L. 1963),
relating to voting by absent or physically
incapacitated electors were repealed by
See. 248, Ch. 368, Laws 1969.

CHAPTER 14

VOTING BY ABSENT ELECTORS IN UNITED STATES SERVICE
(Repealed — Section 248, Chapter 368, Laws of 1969)

23-1401 to 23-1406. Repealed.

Repeal

Sections 23-1401 to 23-1406 (Sees. 1 to
, Ch. 99, L. 1943; Sees. 6 to 10, Ch,

18, L, 1959), relating to voting by ab-
sent electors in United States service, were
repealed by Sec. 248, Ch, 368, Laws 1969,

CPIAPTER 15

REGISTRATION OF ELECTORS ABSENT FROM
COUNTY OF THEIR RESIDENCE

(Repealed— Section 248, Chapter 368, Laws of 1969)

23-1501 to 23-1503. Repealed.

Repeal

Sections 23-1501 to 23-1503 (Sees. 1 to
3, Ch. 190, L. 1943), relating to registra-

tion of electors absent from county of
residence, were repealed bv See. 248, Ch.
368, Laws 1969.

185

23-1601 ELECTIONS

CHAPTEK 16

VOTING MACHINES— CONDUCT OF ELECTION WHEN USED
(Repealed— Section 248, Chapter 368, Laws of 1969)

23-1601 to 23-1608, 23-1608A, 23-1609 to 23-1618. (757 to 773) Repealed.

Repeal 1947; Sees. 1, 2, Ch. 20, L. 1959; See.

Sections 23-1601 to 23-1608, 23-1608A, 16, Ch. 42, L. 1963; Sec. 1, Ch. 57, L.

23-1609 to 23-1618 (Sees. 1 to 17, Ch. 1963; Sec. 10, Ch. 156, L. 1965), rehiting to

168, L. 1907; Sec. 1, Ch. 6, L. 1909; Sees. ex:munations and speeilications of voting

1 to 3, Ch. 99, L. 1909; Sees. 1 to 4, Ch. readiness and the conduct of election when

246, L. 1921; Sec. 1, Ch. 31, L. 1935; Sees. "sed, were repealed by Sec. 248, Ch. 368,

1 to 4, Ch. 19, L. 1943; Sec. 1, Ch. 26, L. Lii"s 1969.

CHAPTER 17

ELECTION RETURNS
(Repealed — Section 248, Chapter 368, Laws of 1969)

23-1701 to 23-1715. (774 to 782, 784 to 789) Repealed.

Repeal L. 1945; Sees. 12 to 16, Ch. 64, L. 1959;

Sections 23-1701 to 23-1715 (Sees. 22 Sec. 17, Ch. 42, L. 1963), relating to

to 25, p. 380, Bannaek Stat.; Sec. 30, p. canvass of votes by judges of elections

143, L. 1889; Sees. 1400 to 1408, 1410 to ^^"^ t'le disposition and custody of returns

1415, Pol. C. 1895; Sees. 6 to 10, Ch. ^^'t^r^ repealed by Sec. 248, Ch. 368, Laws

88, L. 1907; Sec. 1, Ch. 112, L. 1937; Sec. 1^69.
1, Ch. 65, L. 1943; Sees. 1 to 3, Ch. 23,

CHAPTER 18

CANVASS OF ELECTION RETURNS— RESULTS AND CERTIFICATES

(Repealed— Section 13, Chapter 194, Laws of 1967; Section 248, Chapter 368,

Laws of 1969)

23-1801 to 23-1819. (790 to 808) Repealed.

Repeal Sees. 8, 9, Ch. 194, L. 1967), relating to
Si-ctions 23-1801 to 23-1819 (Sees. 2 ^he county and state canvass of returns,
to 15, 17, 18, pp. 299 to 305, L. 1891; ^1'^ issuance of certificates and conunis-
Secs. 1170, 1430 to 1444, 1448 to 1450, «'0"s, and the duty of the secretary of
Pol. C. 1895; Sec. 1, Ch. 84, L. 1909; ^^'i^^-' to print tlie election laws, were re-
Sec. 1, Ch. 55, L. 1949; Sec. 1, Ch. 50, L. pealed by Sec. 13, Ch. 194, L:.us 1967;
1959; Sec. 1, Ch. 87, L. 1959; Sec. 16, See. 248, (^h. 368, Laws 1969.
Ch. 97, L. 1961; Sec. 18, Ch. 42, L. 1963;

CHAPTER 19

FAILURE OF ELECTIONS— PROCEEDINGS ON TIE VOTE
(Repealed — Section 248, Chapter 368, Laws of 1969)

23-1901 to 23-1904. (809 to 812) Repealed.

Repeal relating to tie votes for representatives in

Sections 23-1901 to 23-1904 (Sec. 16, Congress, state ofliceis, and .iudieial of-

p. 305, I>. 1891; Sees. 1171, 1445 to 1447, ticers, were repealed bv Sec. 248, Ch. 368,

Pol. C. 1895; Sec. 10, Ch. 194, L. 1967), Laws 1969.

186

CONVENTIONS — CONSTITUTIONAL AMENDMENTS 23-2411

CllAPTEl'i L»()

NONPARTISAN NOMINATTUN AND ELKi'TION nV JFUGES OF
SUPKEMK COURT AND DISTRICT COURTS

(Repealed— Se«tinn .5, c'liaiiter L'n, L.nvs nf 1059; Section 248, Chapter 3G8,

Jiaws of IDG'))

23-2001 to 23-2014. (812.1 to 812.11, 812.13 to 812.15) Repealed.

Repeal tisan noniiii.ition atul election of district

Sections 2.3-2001 to 2.3-2014 (Sees. 1 to <'"i"t ainl supreme court judges, were re-

11, i;; to 1."), CIi. 182, L. H».H.-); Sees. 2 to IH'mIo.I l)y Sec. 3, Cli. 20, Laws !!);")!»; Sec.

4, Ch. 22!), L. liXil), relating to nonpar- - IS, Cli. ;{(i8, Laws 19(iS).

CHAPTER 21

PRESIDENTIAL ELECTORS, HOW CHOSEN— DUTIES

(Repealed— Section 248, Chapter 3G8, Laws of 1969)

23-2101 to 23-2111. (813 to 823) Repealed.

Repeal 1933; See. 1, Ch. 15, L. 1933; Sec. 1, Ch.

Sections 23-2101 to 23-2111 (Sees. 1 to 33, L. 1935), relating to election and duties

5, 7, pp. 173, 174, L. 1891; Sees. 1460 of presidential electors, were repealed by
to 1470, Pol. C. 1895; Sec. 1, Ch. 4, L. Sec. 248, Ch. 368, Laws 1969.

CHAPTER 22

MEMBERS OF CONGRESS— ELECTIONS AND VACANCIES
(Repealed— Section 248, Chapter 368, Laws of 1969)

23-2201 to 23-2206. (824 to 828) Repealed.

Repeal L. 1915; Sec. 1, Ch. 146, L. 1965), re-
Sections 23-2201 to 23-2206 (Sees. 2, 3, lating to elections and vacancies in office
p. 306, L. 1891; Sees. 1480, 1481, 1490 of members of Congress, were repealed
to 1492, Pol. C. 1895; Sees. 1, 2, Ch. 126, ^JJ Sec. 248, Ch. 368, Laws 1969.

CHAPTER 23

RECOUNT OF BALLOTS— RESULTS
(Repealed— Section 248, Chapter 368, Laws of 1969)

23-2301 to 23-2323. (828.1 to 828.7, 829) Repealed.

Repeal 42, L. 1963), relating to recounts of bal-

Sections 23-2301 to 23-2323 (Sees. 1 to lots, were repealed by Sec. 248, Ch. 368,
7, Ch. 27, L. 1935; Sees. 1 to 15, Ch. ^-aws 1969.

CHAPTER 24

CONVENTIONS TO RATIFY PROPOSED AMENDMENTS TO
CONSTITUTION OF THE UNITED STATES

(Repealed— Section 248, Chapter 368, Laws of 1969)

23-2401 to 23-2411. (829.1 to 829.11) Repealed.

Repeal tification of proposed amendments to the

Sections 23-2401 to 23-2411 (Sees. 1 to 11, <'onstitution of the United States, w-ere

Ch. 188, L. 1933; Sees. 11, 12, Ch. 194, repealed by Sec. 248, Ch. 368, Laws 1969.

L. 1967), relating to conventions for ra-

187

23-2501 ELECTIONS

CHAPTER 25

ELECTRONIC VOTING SYSTEMS
(Repealed— Section 248, Chapter o6S, Laws of 1969)

23-2501 to 23-2507. Repealed.

Repeal --". L. VJ67) rehiting to the use of elec-

Sections 23-2.501 to 23-2507 (Sees. 1, 2, ^'""'^.o'^.Vu"^,^'^ '/^"'"'.Tr ''*^1'^^^^'^ ^^
4 to 8, Ch. 20, L. 196.5; Sees. 1, 2, Ch. Sec. 248, Ch. 368, Laws 1909.

CHAPTER 26

DEFINITIONS AND GENERAL PROVISIONS

Section

23-260]. Definitions.

23-2602. Election to be by ballot.

23-2603. Determination of candidate elected.

23-2604. General election, when to be held.

23-2605. Time of opening and closing of polls.

23-2606. Penalty for violation of act.

23-2601. Definitions. As used in this act, unless the context clearlj^
indicates otherwise :

(1) "Election" means a general, special, primary nominating, municipal
election, or an election in a school district.

(2) "General election" means an election held for the election of
officers throughout the state at times specified by law.

(3) "Special election" means an election called by the proper author-
ities to fill vacancies or to raise money.

(4) "Vacancy" means an office which does not have an incumbent
who has a right to exercise its functions and take its fees or emoluments.

(5) "Primary" or "primary election" means a statutory procedure
for nominating candidates to public office at the polls.

(6) "Party" means any political organization Avhich at the last pre-
ceding election for governor polled at least three per cent (3%) of the
votes for governor.

(7) "Taxpayer" means a person who has paid a tax on property as-
sessed on a county or city assessment roll next preceding the election at
which a question is to be submitted to the vote of the taxpayers.

(8) "Registrar" means the county clerk and recorder and any regularly
appointed deputy clerk and recorder.

(9) "Commissioners" means the board of county commissioners.

(10) "City" means any incorporated city or town.

(11) "Council" means an}' municipal council or commission.

History: En. Sec. 1, Ch. 368, L. 1969. Title of Act

An act for the codification and general
Compiler's Note revision of the laws relating to the elec-
Chapter 368, Laws 1969 provided: "It tion laws of the state of Montana; repeal-
is the intent of the legislative assembly ing sections 23-101 through 23-106, 23-201
that all nonamendatory sections of this through 23-202, 23-301 through 23-311, 23-
bill be codified in Title 23, Revised Codes 401 through 23-407, 23-501, 23-501.1, 23-
of Montana, 1947." 502 through 23-534, 23-601 through

188

DEFINITIONS AND GENERAL PROVISIONS

23-2605

23-604, 23-604.1, 23-604.2, 23-605 through
23-612, 23-701 through 23-713, 23-801
through 23-820, 23-901 through 23-929,
23-931, 23-933 through 23-936, 23-1001, 23-
1008 through 23-1009, 23-1101 through 23-
1107, 23-1109 through 23-1117, 23-1201
through 23-1228, 23-1301, 23-1302(1), 23-
1302(2), 23-1303, 23-1303.1, 23-1304 through
23-1321, 23-1401 through 23-1406, 23-1501
through 23-1503, 23-1601 through 23-1608,
23-1608A, 23-1609 through 23-1618, 23-

1701 tlirough 23-1715, 23-1801 tlirough 23-
1808, 23-1812 through 23-1819, 23-1901
through 23-1904. 23-2001 through 23-2012,
23-2014, 23-2101 through 23-2111. 23-
2201 through 2206, 23-2301 through 23-
2323, 23-2401 through 23-2411, 23-2501
through 23-2507, R. C. M. 1947.

Cross-References

Election offenses and corrupt practices,
sec. 94-1401 et seq.

DECISIONS UNDER FORMER LAW

"General Election"

A general election is one held for the
election of officers throughout the state.
State ex rel. Rowe v. Kehoe, 49 M 582,
591, 144 P 162.

"Special Election"

A special election is one held to supply
a vacancy in a public office, or one in
which is submitted to the electors a prop-
osition to raise money for any public
improvement. State ex rel. Rowe v. Kehoe,
49 M 582, 591, 144 P 162.

"Vacancy"

The word vacancy as applied to a pub-
lic office has no technical meaning, and it
is not to be taken in a strict technical
sense in every case. It may be said that an
office is vacant when it is empty and with-
out an incumbent who has a right to ex-
ercise its functions and take its fees or
emoluments even though the vacancy, is
not a corporal one. "An office without an
incumbent is vacant." LaBorde v. McGrath
116 M 283, 292, 149 P 2d 913.

23-2602. Elections to be by ballot. All elections shall be by ballot.
History: En. Sec. 2, Ch, 368, L. 1969.

23-2603. Determination of candidate elected. The person receiving the
highest number of votes for any office at an election is elected to that office.
History: En. Sec. 3, Ch. 368, L. 1969.

23-2604. General election, when to be held. A general biennial election
shall be held throughout the state in every even-numbered year on the
first Tuesday after the first Monday of November.
History: En. Sec. 4, Ch. 368, L. 1969.

Cross-References

Cities and towns, elections of officers,
sees. 11-701 to 11-734.

Corrupt Practices Act, sees. 94-1427 to
94-1474.

Election law violations, sec. 94-1401 et
seq.

Initiative and referendum, sec. 37-101
et seq.

23-2605. Time of opening and closing of polls. (1) Except as pro-
vided in subsection (2) of this section:

(a) The polls must be opened at 8 a. m. on the morning of election
day, and must be kept open continuously until 8 p. m. of that day;

(b) In precincts having less than one hundred (100) registered electors,
the polls must be opened at 1 p. m. and closed at 8 p. m. of that daj';

(2) If a special election is held by a county, city, high school
district, or school district on the question of incurring an indebtedness or
making a si)ecial or additional levy for any purpose, the polls sliall open
at 12 noon and be kept open continuously until 8 p. m. However, tlie
poll hours shall be as specified in subsection (1) of this section if the

189

23-2606 ELECTIONS

election is held on the same day, at the same polling places, and with the
same judges and clerks as a general, county, school, or city election.

History: En. Sec. 5, Ch. 368, L. 1969. Local option elections, state Liquor Con-
trol Act, sec. 4-142 et seq.

Cross-References Retail liquor licenses, local option elec-

Airport bonds, sec. 1-804. tion, sees. 4-431 to 4-437.

Beer, local option elections, sec. 4-350 School bonds, sees. 75-3901 to 75-3944,

et seq. 75-4112, 75-4113, 75-4115 to 75-4118, 75-

Cities and towns, bond elections, sees. 4601 to 75-4606.

11-2301 to 11-2330. School taxation, sees. 75-3801 to 75-3805.

County bonds and warrants, sees. 16-
■2001 to 16-2050.

23-2606. Penalty for violation of act. Anyone who violates any pro-
vision of this act for which no other penalty is specified is guilty of a
misdemeanor.

History: En. Sec. 247, Ch. 368, L. 1969. Disclosing contents of ballot after mark-

ing, penalty, sec. 94-1414.
Cross-References Electioneering by election officials, pen-

Bribery at elections, penalty, sec. 94- alty, 94-1413.
1423. False nomination certificate, penalty,

sec. 94-1412.

CHAPTER 27
QUALIFICATIONS AND PRIVILEGES OF ELECTORS

Section

23-2701. Qualifications of voter.

23-2702. Qualifications of electors at elections on incurring state indebtedness.

23-2703. Elector who is registered in one county and listed on assessment roll of
another county entitled to vote on state debt or tax levy — receipt — cer-
tificate— registrar's duties.

23-2704. Notice and closing of registration for elections on incurring of state in-
debtedness other than for refunding or levy of tax.

23-2705. Privilege from arrest.

23-2701. Qualifications of voter. (1) Except as provided in section
23-2702, every person, if registered as required by law, is entitled to vote
at all general and special elections for all officers which are elective, and
upon all questions submitted to the vote of the people if he has the follow-
ing qualifications :

(a) He must be twenty-one (21) years of age;

(b) He must have resided in the state one (1) year and in the county
thirty (30) days immediately preceding the election at which he offers to
vote;

(e) He must be a citizen of the United States.

(2) No person convicted of a felony has the right to vote unless he
has been pardoned.

(3) No person adjudicated insane has the riglit to vote unless he has
been restored to capacity as provided by law.

History: En. Sec. 6, Ch. 368, L. 1969. of voting for someone; hence if it is the

Voting for Deceased Candidate

purpose of voters to defeat a certain can-
didate, that ]iurposo can be accomplished

The casting of a ballot at an election only by voting for some person in opj'osi-
of i)ublic officers is an affirmative, not a tion to him, .■ind not by voting for a per-
negative, act — an act done with intention son who died some weeks before election

190

QUALIFICATIONS AND PRIVILEGES OF ELECTORS 23-2704

with I he cxiHct;!! inn tli;it the \(i(t' i'at<t f"r iiiiik'r si'ilioii )1, urtidc IX of flic cdii-

him vvoulcl be counted ;is opposed to the stitutioii, a voter may cast Jiia ballot,

person sought to be defeated; one who State ex rel. Wolff v. Gucrkink, 111 M

has died is no longer a person for whom, 417, 426, 109 P 2d 1094, 133 ALR 304.

23-2702. Qualifications of electors at elections on incurring state indebt-
edness. If an eloctiun is lield on the question of incurring a state debt,
issuing bonds or debentures by the state other than refunding bonds or
debentures, or the levy of a state tax for any purpose, persons must meet
the requirements of section 23-2701 to vote, be a taxpayer on i)roperty
in the state, and be listed on the last completed assessment roll of a county
for state, county, and school district taxes.

History: En. Sec. 7, Ch. 368, L. 1969.

23-2703. Elector who is registered in one county and listed on assess-
ment roll of another county entitled to vote on state debt or tax levy —
receipt — certificate — registrar's duties. (1) If an elector is registered in
a county where his name does not appear on the last completed assessment
roll but his name does appear on the last completed assessment roll of an-
other county, he is entitled to vote on a state debt or tax levy in the precinct
in which he is registered if he presents to the registrar of the county
in which he is registered before close of registration :

(a) A receipt from the treasurer of the county in which he appears on
the last assessment roll showing payment of the taxes, or,

(b) A certificate from the treasurer of that county certifying that he
is assessed with property, but that the taxes have not yet been paid.

(2) The certificate must be dated, numbered, name the elector, de-
scribe the property assessed, show the amount of taxes, and be signed by
the county treasurer. The treasurer must keep a duplicate on file.

(3) Whenever a certificate or receipt from the county treasurer is
presented, the registrar shall :

(a) Enter the elector's name in the pollbook of electors entitled to
vote on the question ;

(b) Enter in the pollbook the date and number of the tax receipt
or certificate and tlie county in which issued.

(4) An elector meeting these qualifications is entitled to a ballot.
History: En. Sec. 8, Ch. 368, L. 1969.

23-2704. Notice and closing of registration for elections on incurring
of state indebtedness other than for refunding or levy of tax. (1) If
the question of state indebtedness, issuance of bonds or debentures other
than for refunding, or the levy of a tax for state purposes, is submitted
at an election other than a general biennial election, the registrar of each
county shall publish in the ofiicial county newspaper, a notice signed by
him, stating that registration will close at noon on the fortieth (40th)
day prior to the date of the election unless the act providing for the
submission of the question fixes a dift'erent time for the giving of notice.
The notice shall be published ten (10) days or more prior to the date
when registration will be closed unless the act providing for submission of
the question fixes a different time for closing registration.

191

23-2705 ELECTIONS

(2) It" tli(> (|U''.stiuii is t(t be submitted at a gt'in-ral biennial oleetion,
notice and the closing of registration .shall be govprned by the lav.'s apply-
ing to general biennial elections. The provisions of section 37-107. R. C. M.
1947 apply U> tlie printing and distribution of copies of the proposed law.

History: En. Sec. 9, Cli. 368, L. 1UG9. tliciTf'orr it, should Iiavp Ix'oii pljuud upon

.•I. sei);aatc liallot, is waived if not raised
Oljjection Waived before the election. State ex rel. Graham v.

The objection that a measure creates Board of Examiners, 125 M 419, 239 P 2d
a state debt, levy, or liability, and that 283, 290,

23-2705. Privilege from arrest. Electors are privileged from arrest
during tlieir attendance at elections and in going to and from voting
places except in cases of treason, felony, or breach of the peace.
History: En. Sec. 10, Ch. 368, L. 1969. Cross-Reference

Persons exempt from arrest, sec. 95-616.

CHAPTER 28

PUBLICATION or QUESTIONS SUBMITTED TO POPULAR VOTE

Section

23-2801. Advertisement of questions to be submitted.

23-2802. Publication and printing of amendments to constitution.

23-2801. Advertisement of questions to be submitted. Questions to be
submitted to the people of the county or city must be advertised by publi-
cation in at least one (1) newspaper within the county or city once a
week for two (2) successive weeks. One (1) of the publications must be
upon the last day the newspaper is issued before the election.

History: En. Sec. 11, Ch. 368, L. 1969.

23-2802. Publication and printing of amendments to constitution. If a
proposed constitutional amendment or amendments are submitted to the
people, the secretary of state shall :

(1) Have the proposed amendment or amendments published in full
once a week in one (1) newspaper in each county (if such there be) for
four (4) weeks prior to the next general biennial election ;

(2) Have a pamphlet printed containing an exact copy of the pro-
posed amendment or amendments, an exact copy of existing constitutional
provisions to be revised, and the amendment or amendments in the form
in which it or they will be printed on the official ballot. The printed
pamphlets shall be distributed as provided in section 37-107, R. C. M. 1947.

History: En. Sec. 12, Ch. 368, L. 1969. and constitutional measures to be prepared

bv attorney general, sec. 37-104.1.
Cross-Reference

Explanation of initiative, referendum

DECISIONS UNDER FORMER LAW

Referendums

to general election of legislative acts re-
Legislature, by repealing section 537, ferred to the people by the legislature,
R. C. M. 1935 and leaving in effect section or the governor's proclamation that such
requiring publication of proposed con- act would be voted upon at such election,
stitutional amendments, indicated its in- Nordquist v. Ford, 112 M 278, 283, 114
tent to dispense with publication prior P 2d 1071.

192

PROCLAMATIONS AND PUBLICATIONS 23-2903

CIIAPTP]R 29

PEOCLAMATIONS AND PUBLICATIONS

Sootion

-3-l!9UL Election proclamation by the governor — contents.
23-2902. Publication aiul posting by county conmiissioncrs,
23-2903. Election proclamation by county commissioners.

23-2904. Copies of election laws to be furnished registrar — registrar to distribute to
precincts.

23-2901. Election proclamation by the governor — contents. Sixty (60)
days or more before a general election, the governor shall issue an election
proclamation and transmit a copj^ to each board of county commissioners.
Tlie proclamation shall contain:

(1) A statement of the time of the election and the offices to be filled;

(2) An offer of rewards stating: "There is a reward of one hundred
dollars ($100) for the arrest and conviction of any person violating any
of the provisions of sections 94-1401 through 94-1424, R. C. M. 1947. Re-
wards will be paid until the total amount expended reaches the sum of
five thousand dollars ($5,000).

History: En. Sec. 13, Ch. 368, L. 1969. governor giving notice of a general elec-
tion, that among other officers there was
Office Not Mentioned to },e elected "also a district judge, in any
The governor issued his proclamation judicial district where a vacancy may ex-
giving notice of a general election and ist," Avas not such a notice of the neces-
omitted therefrom the mention of an elec- sity of filling a vacancy by election. State
tion of three judges for the second ju- ex rel. Patterson v. Lentz, 50 M 322, 343,
dicial district, and called for the election 146 P 932.

of two judges. Upon mandamus proceed- The governor's proclamation should

ings against the governor, the relator state the offices to be filled, especially

claimed that three judges should have been where a state office, such as a judgeship,

mentioned in the proclamation, and that held by his appointee, is to be filled; but,

he was elected and entitled to receive from if the people have actual notice that a

the governor a commission as judge. As judge is to be elected and indicate their

it failed to appear that the electors voted choice, no insufficiency of notice, in the

for more than two candidates for judge- governor's proclamation, of a vacancy in

ships, the petition was dismissed. State that office, in any particular district, or

ex rel. Breen v. Toole, 32 M 4, 8, 79 P other informality in the election, will suf-

403. fice to defeat their will, as expressed by

their votes. State ex rel. Patterson v.

Sufficiency of Notice Lentz, 50 M 322, 343, 146 P 93

A statement in the proclamation of the

23-2902. Publication and posting- by county commissioners. When a
proclamation prescribed by section 23-2901 is received, the commissioners
shall have a copy published in a newspaper published in the county if
a newspaper is published therein, otherwise in a newspaper of general
circulation therein, and shall post a copy ten (10) days or more before
the election at each polling place.
History: En. Sec. 14, Ch. 368, L. 1969.

23-2903. Election proclamation by county commissioners. When a spe-
cial election is ordered by the commissioners, they must issue an election
pi'oclaiiiiitiod colli aiiiiiig IIk^ statement contained in 28-2901 (1). The
statement iiiust be published and posted in the same manner as a j)roc]ama-
lion issued by 1li(> p'o^'ernor.

193

23-2904

ELECTIONS

History: En. Sec. 15, Ch. 368, L. 1969.

Notice Not Proclamation

The notice of election does not take the
place of the election proclamation. Evers
V. Hudson, 36 M 135, 154, 92 P 462.

Public Improvements

Prior section had no reference to elec-
tions held for raising money for public
improvements. The power conferred in this
behalf is exercised under special provisions

on the subject, found in that part of the
codes relating to county government. State
ex rel. Rowe v. Kehoe, 49 M 582, 592,
144 P 162.

Vacancies

In case of vacancies in county offices,
boards of county commissioners have the
power, and it is their duty, to call and pro-
vide for tlie holding of special elections to
fill them. State ex rel. Eowe v. Kclioe,
49 M 582, 592, 144 P 162.

23-2904. Copies of election laws to be furnished registrar — registrar
to distribute to precincts. The secretary of state shall publisli copies of
the election laws and laws which relate to elections. He shall transmit
sufficient copies to each registrar. The registrar shall furnish each election
precinct in his county with two (2) copies.
History: En. Sec. 16, Ch. 368, L. 1969.

CHAPTER 30

EEGISTRATION OF ELECTORS

Section

23-3001. Highway patrol to submit new-voter lists to major political parties.

23-3002. County clerk as county registrar.

23-3003. Notaries public as deputy registrars — appointment of additional deputies —

qualifications — duties.
23-3004. Registry book and card index.
23-3005. Hours of registration — registration cards.
23-3006. Method of registering — absent electors in the United States service — felony

provisions.
23-3007. Registration of infirm elector at his residence.
23-30U8. Procedure when prospective voter not qualified at time of registration —

United States citizenship necessary.
23-3009. Transferring registration to another precinct.
23-3010. Procedure for transferring registry.
23-3011. Inquiry as to previous registration — procedure.

23-3012. Lists of registered electors — precinct register — indication of taxpayer electors.
23-3013. Cancellation of registry for failure to vote — reregistration — cancellation of

registry of elector in United States service.
23-3014. Cancellation of registry for other reasons- — reregistration.
23-3015. Challenges prior to election — registrar's duties — challenges on election day —

election judges' duties.
23-3016. Close of registration — procedure.

23-3017. Registration while registry closed preceding election.
23-3018. Name on precinct register prima facie evidence of right to vote — elector's

identity — election judges' duties as to precinct register.
23-3019. Joinder of parties in proceedings to compel registrar to enter name in

precinct register.
23-3020. Erroneous omission of name from precinct register — Certificate.
23-3021. Registration by naturalized citizen.
23-3022. Residence, rules for determining.

23-3023. Printing of list of electors shown on precinct registers.
23-3024. Preparation of precinct register.
23-3025. Attempting to vote at another polling place after vote has l)een rejected

a misdemeanor.
23-3026. Commissioners to provide registrar with sufficient help.
23-3027. Charges to city or school district — warrant — wlicii no iirecinct registers

required.
23-302.S. (\>])it's of prci-inct rcgisli-rs .ax a il.ililc to any person u|ioti wtiffcii re(|iiesf — -

di.-irge.
23-3029. Violations of act, penalty for.

194

REGISTRATION OF ELECTORS 23-3005

23-3001. Highway patrol to submit new-voter lists to major political
parties. No later than .lanuary 31 in any year in Avliich a jroneral election
is held, the Montana higliway patrol shall submit to the chairman of each
major political party of the state, a list prepared from its driver license
registration fik\s, showing names and addresses of all persons who have
reached voting age since the last general election or Avho will reach voting
age before tlie date of the general election. No official of the Montana
higliway patrol shall be responsible for any honest error or omission in
preparing the lists.

History: En. Sec, 17, Ch. 368, L. 1969.

23-3002. County clerk as county registrar. (1) Each county clerk
and recorder is ex officio county registrar. He shall :

(a) Serve without extra pay or compensation;

(b) Have custody of registration books, cards, and other records
provided for by this act.

(2) The official register of electors is an official record of the county
clerk and recorder.

History: En. Sec. 21, Ch. 368, L. 1969.

23-3003. Notaries public as deputy registrars — appointment of addi-
tional deputies — qualifications — duties. (1) All notaries public are deputy
registrars in the county in which they reside. They may register electors
residing in any precinct Avithin the county.

(2) The commissioners shall appoint two (2) deputy registrars who
are not notaries public, one (1) from each of the two (2) major political
parties, for each precinct in the county from lists of persons recommended
by the political parties. If the parties fail to submit lists, the commis-
sioners shall appoint deputy registrars without recommendations from
the parties. A deputy registrar shall :

(a) Be a qualified taxpaying resident elector in the precinct for
which he is appointed;

(b) Kegister electors residing in any precinct in the county.

(3) Not less than three (3) days after a registration card is filled out,
deputy registrars shall forward the card to the registrar.

History: En. Sec. 22, Ch. 368, L. 1969.

23-3004. Registry book and card index. The registrars shall keep an
official register in a manner which each registrar deems the most efficient.
A card index shall be kept by the registrar and sliall at all times be in the
custody of the registrar. The form and information recorded in the regis-
try book and on the registry cards shall be designated by the secretary of
state.

History: En. Sec. 23, Ch. 368, L. 1969.

23-3005. Hours of registration — registration cards. (1) The regis-
trar's office shall be open for voter registration from 8 a. m. until ') p. m. on
all regular working days except legal holidays as defined by section 1!)-

195

23-3006 ELECTIONS

107, R. C. M. 1947, except that the registrar's office shall be kept open on
election day during the hours when the polls are open.

(2) Registration cards shall be numbered consecutively in order of
receipt.

(3) The registrar shall classify registration cards by precinct and
arrange the cards for each precinct in alphabetical order,

(4) The cards for each precinct shall be kept in a separate file.

(5) Immediately after filling out a registration card, the registrar shall
enter the information in the official register of the county in the proper
precinct.

History: En. Sec. 24, Ch. 368, L. 1969.

23-3006. Method of registering — absent electors in the United States
service — felony provisions. (1) An elector may register by appearing
before the registrar or deputy registrar in the county in which he resides
and by :

(a) Answering any questions asked by the registrar concerning items
of information called for by registry cards ;

(b) Signing and verifying or affirming the affidavit or affidavits on
the back of the card.

(2) Any elector in the United States service who is absent from the
state and the county of which he is a resident may register by:

(a) Mailing the registry card filled out and signed under oath to
the registrar, or

(b) Mailing the federal post card application filled out and signed
under oath to the registrar.

(3) A person is guilty of a felony and upon conviction shall be im-
prisoned in the state prison for not less than one (1) nor more than three
(3) years, if:

(a) He falsely personates another and causes the person so personated
to be registered ; or,

(b) Falsely represents his name or other information required by
registration to any registrar or deputy registrar and causes his name to
be registered; or,

History: En. Sec. 25, Ch. 368, L. 1969.

23-3007. Registration of infirm elector at his residence. (1) If an
elector is unable to appear before the registrar or a deputy registrar be-
cause of i)iiysical infirmity, he may send written notice to the registrar or
to a deputy registrar asking tliat his registration be made at his residence.
(2) No person is oitilled to receive reimbursement for expenses
incurred in complying with this section.
History: En. Sec. 26, Ch. 368, L. 10(10.

23-3008. Procedure when prospective voter not qualified at time of
registration — United States citizenship necessary. (1) A person who is

196

REGISTRATION OF ELECTORS 23-3011

not cli^iihlc t(.> n';^'isl('i- bcciiusc of residence r(>(|uii-eiiieii1s but wlio will be
eligible on or b(4"ore oleetion day, may rcjiistcr willi the registrar if he
answers the questions of the registrar and it appears that he will become
qualified to vote by election day.

(2) A person sliall not be permitted to register until he attains United
States citizenship.
History: En. Sec. 27, Ch. 368, L. 1969.

23-3009. Transferring registration to another precinct. If an elector
changes his residence, he may transfer his registration to the new precinct
by:

(1) Executing in person a new registry card before a deputy regis-
trar of the new precinct, and the deputy registrar shall not receive com-
pensation for this service, or

(2) Making a request in writing to the registrar in a form prescribed
by the secretary of state.

History: En. Sec. 28, Ch. 368, L. 1969.

23-3010. Procedure for transferring registry. (1) When a request to
transfer registry is received, the registrar shall compare the elector's
signature on the request with his signature on the registry card and may
question the elector on any information shown on the registry card.

(2) If the registrar is satisfied, he shall endorse on the registry card
the date of the transfer and the precinct to which transferred.

(3) The registrar shall file the registry card in the register of the
precinct of the elector's residence, or in the register of the precinct of
transfer, and transfer the elector's name to the proper precinct in the
register.

(4) Where the elector changes his place of registration as provided
in section 23-3009 (1), the registrar shall file the new card in the register
of the precinct of the elector's present residence and transfer the elector's
name to the proper precinct in the register. The old registration card
shall be marked ''canceled" and placed in the "canceled file."

History: En. Sec. 29, Ch. 368, L. 1969.

23-3011. Inquiry as to previous registration — procedure. (1) The
registrar shall question each person registering to ascertain whether he
has previously registered in this state. If the person has previously regis-
tered, the registrar shall enter his name in a separate file which is indexed
by counties. Cards for this purpose shall be in the form prescribed by the
secretary of state.

(2) Not more than three (3) days after closing the registration books,
the registrar shall forward the cards to the registrar where the applicant
previously voted by registered or certified mail. The delivery receipt shall
be kept on file with other election records.

(3) Upon receiving notice to cancel the registration of an elector, the
registrar shall immediately draw red lines through the elector's name in
the register and on the registration card.

History: En. Sec. 30, Ch. 368, L. 1969.

197

23-3012 ELECTIONS

23-3012. Lists of registered electors — precinct register — indication of
taxpayer electors. (1) Immediately after registration is closed, the regis-
trar shall prepare lists of all registered electors. He shall also prepare a
precinct register for each precinct and deliver it to the judges of election
prior to the opening of the polls.

(2) The registrar shall stamp "taxpayer" beside the name of an elec-
tor who is a taxpayer to shoAV he is qualified to vote in an election for
the incurring of a state debt, issuance of bonds or debentures by the state,
or the levying of a state tax. No other evidence is necessary to show that
the elector is a taxpayer.

History: En. Sec. 31, Ch. 368, L. 1969.

23-3013. Cancellation of registry for failure to vote — reregistration —
cancellation of registry of elector in United States service. (1) Except
as provided in subsection (3) of this section, immediately after every gen-
eral biennial election, the registrar shall :

(a) Compare the electors who have voted in each precinct, as shown
by the official pollbooks, with the official register of each precinct;

(b) Remove the registry cards of all electors who failed to vote, mark
each card "canceled," and place canceled cards for the entire county in
alphabetical order in the "canceled file" ;

(c) Notify each elector in writing before the thirty-first day after
cancellation by sending notice to his post-office address as shown on the
election records.

(2) An elector whose card is removed and canceled may register in
the same manner as his original registration was made.

(3) The registration of an elector in the United States service may be
canceled upon failure to vote in the previous two (2) general elections.

History: En. Sec. 32, Ch. 368, L. 1969.

23-3014. Cancellation of registry for other reasons — reregistration.

(1) The registrar shall cancel any registration card:

(a) At the written request of the person registered;

(b) When a certificate of the death of any elector is filed;

(c) Within forty-five (45) days prior to the closing of registration
three (3) qualified registered electors residing within the precinct may
challenge an elector by filing affidavits giving the name of the challenged
elector, his registry number, his residence, and stating of the personal
knowledge of the affiant the person registered does not reside at the place
designated on his registration card ;

(d) When the insanity of the elector is legally established;

(e) If a certified copy of a final judgment of conviction of any elector
of a felony is filed ;

(f) If a certified copy of a court order directing the cancellation is
filed with the registrar.

(2) Within thirty (30) days after registration has been canceled, the
registrar shall send written notice to the elector at the address shown on

198

REGISTRATION OF ELECTORS 23-3016

tlif registration c'ar<l. 11' a prrsoii proves to the registrar that he is quali-
fied, he may reregister.

History: En. Sec. 33, Ch. 368, L. 1969.

23-3015. Challenges prior to election — registrar's duties — challenges on
election day — election judges' duties. (1) An elector may challenge the
qualifications of another elector any time not later than twenty (20) days
prior to an election. The challenge must :

(a) Be filed with the registrar and be signed by the elector;

(b) Be verified by the affidavit of the elector that the elector desig-
nated is not entitled to vote;

(d) Notify the elector within five (5) days by registered United States
mail that his qualifications as an elector have been challenged.

(2) The registrar shall :

(a) File the affidavit of challenge in his office;

(b) Deliver a correct copy of the affidavit to the judges of election
together with a copy of the precinct registers, check lists, and other
documents ;

(3) An elector's right to vote may also be challenged on election day
by any registered elector by orally stating to the election judges the grounds
of the challenge.

(4) The election judges shall :

(a) Test the qualifications of the elector challenged under oath if he
applies to vote;

(b) Compare the answers of the elector with the entries in the precinct
register books ;

(c) Not permit him to vote if the elector is found to be disqualified
because the answers given do not correspond to the entry in the precinct
registers, or the elector is disqualified for any cause under the law, or he
refuses to take an oath or affirmation as to his qualifications.

(5) The election judges may require the challenged elector to produce

one (1) or more elector of the county to be examined under oath as to

the qualifications of the challenged elector, and may also request assistance

from the county attorney and the registrar in determining the elector's

qualifications.

History: En. Sec. 34, Ch. 368, L. 1969. tlmn sixty dnys was required to lapse be-
tween time an election was called and time
Date for Holding Election it ^y.^^ ,,pi,| g^ate ex rel. Eagye v. Bawden,

Under prior section, a period of not less 51 M 357, 361, 152 P 7G1.

23-3016. Close of registration — procedure. (1) The registrar shall:

(a) Close all registration for forty (40) days before any election;

(b) Immediately after closing registration send the secretary of state
a certificate showing the number of voters registered in each precinct in
a county;

199

23-3017 ELECTIONS

(c) Twenty (2U) days before the elosing, publish uulice in a newspaper
of general circulation in the county specifying the day registration will
close and post the notice in each precinct. The published notice shall con-
tinue for a period of twenty (20) daj's.

(2) The notice shall state that electors may register for the ensuing
election by appearing before the registrar or before any deputy registrar
as provided by law.

History: En, Sec. 35, Ch. 368, L. 1969.

23-3017. Registration while registry closed preceding election. During
the time when the registry is closed preceding any election, a person may
register and the registrar shall keep his registry card in a separate file until
the official register is again open. At that time, all cards in the temporary
file shall be placed in their proper position in the official register.
History: En. Sec. 36, Ch. 368, L. 1969.

23-3018. Name on precinct register prima facie evidence of right to
vote — elector's identity — election judges' duties as to precinct register.

(1) A person shall not vote at an election mentioned in this act unless his
name appears on election day in the copy of the official precinct register
furnished by the registrar to the election judges. The fact that his name
appears in the copy of the precinct register is prima facie evidence of his
right to vote.

(2) If the election judges have good reason to believe, or if they are
informed by a qualified elector that the person offering to vote is not the
person registered in that name, he shall not be allowed to vote until he
has proved his identity by the oath of two (2) reputable electors of the
precinct in which he is registered.

(3) The election judges in each precinct at every general or special
election in a precinct register certified to them by the registrar shall :

(a) Mark a cross (X) upon the line opposite the name of the elector;

(b) Require the elector to sign his name upon one of the precinct
registers ;

two (2) electors Avho shall make an affidavit before the election judges in

a form prescribed by the secretary of state. One of the election judges

shall write on the affidavit the elector's name, note his inability to sign,

and the names of the electors making affidavits. The affidavits shall be

returned to the registrar with the other election records.

History: En. Sec. 37, Ch. 368, L. 1969. mary election was the fault of the judges

and not of the electors, and therefore
Failure To Sign their votes were legal and properly count-

Failure of the election judges of a pre- ed. Thompson v. Chapin, 64 M 37G, 383,

cinct to require the electors to sign the 209 P lOGO.

registry books before voting at a pri-

23-3019. Joinder of parties in proceedings to compel registrar to enter
name in precinct register. In any action or proceeding instituted in a
district court to compel the registrar to enter the name of any elector in
the precinct register, as many persons may be joined as plaintiffs for

200

REGISTRATION OF ELECTORS 23-3022

cause of action and as many persons as there are causes of action may be
joined as defendants.

History: En. Sec. 38, Ch. 368, L. 1969.

23-3020. Erroneous omission of name from precinct register — certificate.

(1) An elector whose name is erroneously omitted from a precinct register
or other election register may secure from the registrar a certificate of
the error stating the precinct in which he is entitled to vote and present
the certificate to tlie election judges which will entitle him to vote.

(2) The certificate shall be marked "voted" by the election judges
and returned by them with tlie precinct register.
History: En. Sec. 39, Ch. 368, L. 1969.

23-3021. Registration by naturalized citizen. When a naturalized
citizen applies for registration, he must produce a certificate of naturaliza-
tion or a certified copy upon which the registrar must enter the date and
county where presented. The registrar must also enter the applicant's
name.

History: En. Sec. 40, Ch. 368, L. 1969.

23-3022. Residence, rules for determining. For registration or voting,
the residence of any person shall be determined by the following rules as
far as they are applicable.

(1) The residence of a person is where his habitation is fixed, and to
which, whenever he is absent, he has the intention of returning.

(2) A person may not gain or lose a residence while employed in the
service of the United States or of this state, while a student at any institu-
tion of learning, while kept involuntarily at anj'- public institution not
necessarily at public expense, while confined in any public prison, or while
residing on a military reservation.

(3) A person in the armed forces of the United States may not become
a resident in consequence of being stationed at a military facility in the
state. A person may not acquire a residence by reason of being employed
or stationed at a training or other transient camp maintained by the United
States within the state.

(4) A person does not lose his residence if he goes into another state.
or other district of this state, for temporary purposes with the intention
of returning unless he exercises the election franchise in the other state
or district.

(5) A person may not gain a residence in a county if he comes in for
temporary purposes without the intention of making that county his home.

(6) If a person moves to another state with the intention of making
it his residence, he loses his residence in this state.

(7) If a person moves to another state with the intention of residing
there for an indefinite^ time, he l()S(>s liis residence; in this state even though
lie intends to I'clurn to this st;itc ;it some future period.

fS) The i»l;i('e where ii. in;in's fiiinily resides is pj'esuined liis j^hiee of
i-esidenee. However, a jn;in wlto t;ikes up or continues liis residence ;it ;i

201

23-3023

ELECTIONS

place other than where his family resided with the intention of remaining,
is a resident of the place where he resides.

(9) A change of residence can only be made by the act of removal
joined with intent to remain in another place. There can only be one
residence.

(10) The term of residence must be computed by including the day of
election.

History: En. Sec. 41, Ch. 368, L. 1969.

Acts and Intent of Voter

The residence of a voter is to be deter-
mined from his acts and intent; but this
fact, like any other fact involved in a civil
action or proceeding, may be established
by circumstantial evidence, and any dec-
larations of the voter touching the sub-
ject, if a part of the res gestae, or any
declarations in disparagement of his right
to vote, if made at or before the election,
may be received in evidence. Sommers v.
Gould, 53 M 538, 544, 165 P 599.

Inapplicable to Licensing of Automo-
biles

Section prescribing the conditions de-
termining the right to vote with respect
to residence of the voter had no bearing
upon the situs of one's property (an au-
tomobile) or the ownership thereof for
purpose of taxation, or licensing. Valley
County V. Thomas, 109 M 345, 386, 97
P 2d 345.

Presumption

Predecessor to subdivision (8) was held
to be in reality a rule of evidence. Carwile
v. Jones, 38 M 590, 602, 101 P 153.

23-3023. Printing of list of electors shown on precinct registers. (1)
The registrar shall have a list printed of all registered electors shown on
the precinct registers of the county, city, or first class school district ten
(10) days or more preceding any election.

(2) The list shall show the name of the elector in full, the number
and street of his residence if he resides within a city, his post-office address
if he resides outside a city, and the registry number.

(3) Ten (10) days or more before any election, a copy of the list of
registered voters shall be posted in each precinct. Sufficient copies of the
lists shall be retained by the registrar and furnished to an elector upon
request.

(4) If no declarations of nomination have been filed forty (40) days
before a primary election for city offices, the city clerk shall immediately
notify the registrar in writing and the list of registered electors for the
city shall not be printed or posted.

(5) The list of registered voters prepared for a primary election may
be posted and used for the general election only if a supplemental list
giving the names of electors who have registered after the first list was
prepared is printed and posted.

(6) The expense of printing this list shall be paid by the county, city,
or school district, in which the election is to be held.

History: En. Sec. 42, Ch. 368, L. 1969.

23-3024. Preparation of precinct register. After the closing of the
official register and before the election, the registrar shall :

(1) Prepare a "precinct register" for cacli pi-t'cinct foi- use l)y clerks
and election judges;

(2) List tlie names of electors in alphabetical divisions;

202

REGISTRATION OF ELECTORS 23-3028

(8) Show all informatiou from the registry card of each elector, ex-
cept the oath of the elector;

(4) Deliver a certified copy of the precinct register to the election
judges prior to the opening of the polls;

(5) Combine into one (1) precinct register the names of all electors
in the several precincts where the precincts in city elections, or elections
in school districts of the first class, include more than one (1) county
precinct.

(6) If no declarations of nomination have been filed forty (40) days
before a primary election for city offices, the city clerk shall immediately
notify the registrar in writing, and the precinct register or registers shall
not be prepared.

History: En. Sec. 43, Ch. 368, L. 1969.

23-3025. Attempting to vote at another polling place after vote has
been rejected a misdemeanor. A person whose vote has been rejected
who offers to vote at the same election at any other polling place is guilty
of a misdemeanor.

History: En. Sec. 44, Ch. 368, L. 1969

23-3026. Commissioners to provide registrar with sufficient help. The

commissioners shall provide the registrar with sufficient help for the duties
imposed by this act. The cost of stationery, printing, publishing and post-
ing are a proper charge against the county.
History: En. Sec. 45, Ch. 368, L. 1969.

23-3027. Charges to city or school district — warrant — when no precinct
registers required. (1) For each name entered on a precinct register
prepared for a city or first class school district, the registrar shall charge
the city or school district three cents ($.03). He shall also charge the
actual expense incurred in printing and posting the lists of electors, pub-
lishing notice, and other expenses incurred on account of the city or
school district.

(2) The council or board of school trustees shall order a warrant
drawn for the expenses specified in subsection (1) of this section within
thirty (30) days after notification of the charges.

(3) If no general city election is required, the registrar shall not
prepare precinct registers.

(4) If there are only as many candidates nominated as there are
vacancies on a first class school district board of trustees, the registrar
shall not prepare precinct registers.

(5) "Within two (2) days after nominations are legally closed, the
city clerk or clerk of a first class school district shall notify the registrar
when no precinct registers are required.

History: En. Sec. 46, Ch. 368, L. 1969.

23-3028. Copies of precinct registers available to any person upon writ-
ten request — charge. Upon written request, the registrar shall furnish

203

23-3029 ELECTIONS

any person a copy of tlio official precinct rejjisters. Upon delivery, the
registrar shall collect a charge of five cents ($.05) for each name entered
in the official register.
History: En. Sec, 47, Ch. 368, L. 1969.

23-3029. Violations of act, penalty for. (1) Any person or any officer
of a county, city, or school district rcc^uired to perform duties under this
act who willfully or knowingly fails to do so shall be fined not less than
three hundred dollars ($300) nor more than one thousand dollars ($1000),
or be imprisoned in the county jail for not less than three (3) months nor
more than one (1) year. If an officer is involved, the judge of the district
court shall also remove him from office.

(2) Any person who makes false answers; violates or attempts to vio-
late any of the provisions of this act; mutilates, secretes, destroys, or
alters election records except as provided by law; or knowingly encourages
another to violate the act ; or any public officer or other person upon
whom any duty is imposed by this act who willfully neglects that duty or
willfully performs the duty in a way which hinders the purposes of this
act is guilty of a felony. Upon conviction he shall be imprisoned for not
less than one (1) year nor more than fourteen (14) years. If a public
officer, he shall also forfeit his office and never be qualified to hold public
office again [,] either elective or appointive.
History: En. Sec. 48, Ch. 368, L. 1969.

CHAPTER 31

ELECTION PEECINCTS

Section

23-31UL Establishment of election precincts — change of boundaries — certification of
changes— designation — map — boundary to conform to wards or school dis-
tricts.

23-3102. Ward boundaries, certification of changes — map.

23-3103. Designation of polling place.

23-3101. Establishment of election precincts — change of boundaries —
certification of changes — designation — map — boundary to conform to wards
or school districts. (1) The territorial unit for elections is the election
precinct.

(2) The commissioners of each county shall establish a convenient
number of election precincts equalizing the number of electors in each
precinct as nearly as possible.

(3) The commissioners may change the boundaries of precincts but
not between January 1 and December 1 in any year during which a general
biennial election will be held.

(a) All changes must be certified to the registrar three (3) days or
less after the change is made.

(b) All election precincts shall be designated by numbers, names, or
both.

(c) Not more th.ni ten (10) days after an order of the commissioners
h;is estiiblishcd or chimgcd llic bouiidiirics of a)i eh^clion preciiict, tlie

204

ELECTION PRECINCTS

23-3103

coininissioiicfs shall cause to be prcparctl and delivered a. map lo tin" r('<;is-
trar showing the borders of all precincts and school districts within the
county.

(4) The boundaries ui" election i)recincts must eoni'orni to the wards
of cities of the first, second, and third class and the boundaries of first
class school districts only.

(5) A ward or school district may be divided into two (2) or more
precincts, and a precinct maj' be divided into two (2) or more i)olling
places.

(6) In cities not of the first, second, or third class, precincts may in-
clude two (2) or more wards, or may comprise territory included by one
(1) or more wards together with contiguous territory lying outside the
incorporated limits of the cities.

History: En. Sec. 18, Ch. 368, L. 1969.

23-3102. Wai-d boundaries, certification of changes — map. Not more
than ten (10) days after ward boundaries have been changed, the city
council must certify any changes or alteration in the ward boundaries to
the registrar and deliver to him a map showing boundaries of the wards,
the streets, avenues and alleys by name and the wards by numbers.
History: En, Sec. 19, Ch. 368, L. 1969.

23-3103. Designation of polling place. The commissioners shall make
an order designating the place within each precinct where the election
will be held at the session at which election judges are appointed. Copies
of the order must be posted immediately in three (3) public places in the
precinct.

History: En. Sec. 20, Ch. 368, L. 1969.

Changing Designation

Where a board of county canvassers
refused to canvass election returns from
a precinct on the ground that it appeared
upon the face of the returns that the
election had not been held at the place
designated by the board of county com-
missioners, and on application for writ of
mandate to compel them to act, nothing
was shown affirmatively by pleadings or

otherwise that the judges of election at
the precinct had not pursued this section
giving them authority to change the place
of election upon two days' notice if for
any reason it cannot be held at the place
appointed, it will be presumed that official
duty was regularly performed by them and
that they did change it, and the writ
will issue commanding action. State ex
rel. Moore v. Patch, 65 M 218, 225, 211 P
202.

CHAPTER 32

JUDGES AND CLEEKS OF ELECTIONS

Section

23-3201. Appointment of election judges — second board of election judges — duties.

23-3202. Manner of choosing election judges — vacancies — candidates and their rela-
tives ineligible — exceptions.

23-3203. Judges to choose clerks and to serve until others appointed.

23-3204. Eegistrar to notify judges of their appointment and of impending general
elections — judges to post notices of election.

23-3205. Oath of judges and clerks — may administer oaths.

23-3206. Instruction of judges.

23-3207. Compensation of judges and clerks.

205

23-3201 ELECTIONS

23-3201. Appointment of election judges — second board of election
judges — duties. (1) At tJieir regular meeting next preceding a general
pnniary election, the commis.sioners shall appoint five (5) election judges
for each precinct having two hundred CJOd) or nior(> electors and three (3)
election judges i'oj- each precinct Iia\ing less than two huiulrcd (200) elec-
tors. Judges for new precincts shall be appointed based upon the estimated
number of electors.

(2) If a precinct has three hundred fifty (350) or more electors, the
commissioners may appoint a second board of five (5) election judges who
shall have the same qualifications as the first board. The second board
shall :

(a) Meet at their respective polling places as ordered;

(b) Count and tabulate ballots as soon as the first board has com-
pleted their duties in regard to the voting,

(3) If counting and tabulating the ballots is not completed by 8 a. m.
on the day following the election, the first board shall reconvene and
relieve the second board until 8 p. m. when the second board shall again
reconvene and relieve the first board until the ballots are counted and
tabulated.

(4) The election judges constituting the boards shall number the
ballots and count the tally upon the tally sheets and indicate upon the tally
sheets the work of each board. The board completing the count shall
certify the returns as required by law.

History: En. Sec, 49, Ch, 368, L, 1969,

23-3202. Manner of choosing election judges — vacancies — candidates
and their relatives ineligible — exceptions. (1) The election judges shall
be chosen from lists of qualified voters submitted by the two (2) major
political parties thirty-five (35) days or more before the commissioners
meeting which precedes the next primary election.

(2) The list of each party must contain twice the number of election
judges to be appointed and not more than a majority may be appointed
from one (1) political party for each precinct.

(3) The commissioners may appoint election judges in their discretion
to fill vacancies or if a major political party fails to submit a list of elec-
tion judges.

(4) No person shall be appointed to serve as an election judge or elec-
tion clerk who is a candidate, spouse of a candidate, or related to a candi-
date for office within the second degree of consanguinity. However, this
sub-section does not apply to school district elections nor to cfyididates for
precinct committeeman or committeewoman.

History: En. Sec. 50, Ch. 368, L. 1969.

23-3203. Judges to choose clerks and to serve until others appointed.

(1) The election judges may appoint two (2) persons having the same
qualifications as themselves to act as clerks of the election who serve at
the pleasure of the judges.

206

JUDGES AND CLERKS OF ELECTION 23-3207

(2) The election jud<i:es contiiuie to be judges of all elections held in
their precincts until other judges arc ai)pointed.

(3) The commissioners shall fill vacancies which occur in the office of
election judge.

History: En. Sec. 51, Ch. 368, L, 196U.

23-3204. Registrar to notify judges of their appointment and of
impending- general elections — judges to post notices of election. (1) The

registrar must notify the election judges in writing of their appointment.

(2) Twenty (20) days or more before any general election, the registrar
shall mail two (2) notices of the election to the election judges. The notices
shall be in the form prescribed by the secretary of state.

(3) Ten (10) days or more prior to the election, the election judges
shall post one (1) notice at the place where the election will be held and
the other in one (1) of the most public places in the precinct.

History: En. Sec. 52, Ch. 368, L. 1969.

23-3205. Oath of judges and clerks — may administer oaths. (1) Be-
fore votes are cast, the election judges and clerks must take and subscribe
the official oath prescribed by the constitution. The election judges may
administer the oath to each other and to the clerks.

(2) Any election judge or a clerk may administer and certify oaths
required during an election.

History: En. Sec. 53, Ch. 368, L. 1969.

23-3206. Instruction of judges. (1) Before each election, all election
judges who do not possess a certificate of instruction shall be instructed by
a person named by the commissioners in the powers, duties, and liabilities
of election judges.

(2) The instructor shall call meetings as necessary.

(a) The election judge shall attend each meeting and receive at
least two (2) hours of instruction.

(b) Each election judge shall receive compensation fixed by the com-
missioners at the prevailing federal minimum wage for instruction to be
paid at the same time and in the same manner as for services on election
day.

(3) Each judge shall receive a certificate of completion from the in-
structor upon completion of the course. Each certificate is valid for a
period of two (2) years.

(4) No person shall serve as election judge Avithout a valid certificate.
However, this does not apply to persons filling vacancies in emergencies.

(5) Notice of place and time of instruction nnist be given to tlie
county chairmen of the two (2) major political parties by tlie coniinis-
sioners.

History: En. Sec, 54, Ch. 368. L. 1969.

23-3207. Compensation of judges and clerks. The compensation of
election judges and clerks shall be fixed by the commissioners at the pre-

207

23-3301

ELECTIONS

vailing federal minimum wage and be paid from county funds. The com-
missioners shall audit the accounts.
History: En. Sec. 55, Ch. 368, L. 1969.

CHAPTER 33

PRIMARY ELECTIONS AND NOMINATIONS BY CERTIFICATE

Section

23-3301. Date of primary election — candidates to be selected.
23-3302. Primaries in cities over certain size — procedure.
23-3303. Notices of election.

23-3304. Declaration of nomination — filing — fees — printing of victorious write-in can-
didates on general ek tion ballot.
23-3305. Deadline for filing nominating declarations — persons with whom filed.
23-3306. Register of candidates — public record — disposition of pollbooks, tally sheets,

ballots, etc.
23-3307. Arrangement of information concerning candidates — duties of secretary of

state — duties of registrar or city clerk.
23-3308. Ballots, how arranged and voted.

23-3309. Official and sample ballots — preparation and number.
23-3310. Election clerks' and judges' duties upon closing of polls.
23-3311. Tally sheets — keeping and announcing the tally — statement.
23-3312. Duties of election clerks and judges after canvassing votes — seal.
23-3313. Abstracts of votes, wlien and how made — decision by lot in event of tie —

certificate for comijensation — highest number of votes nominates.
23-3314. Copy of abstracts to be sent secretary of state — canvass by secretary of

state — governor's certificate of nomination and proclamation — decision by

lot in event of tie.
23-3315. Error in ballot or other wrongful or neglectful act.
23-3316. Contest — notice — hearing — how tried and decided — certificate.
23-3317. Penalty for violation of act — officials — candidates.
23-3318. Certificates of nomination by individuals or parties not appearing on prior

ballot — requisites— applicability.
23-3319. Certificates of nominations to be preserved — certification of candidates' names

and descriptions — statement of votes received by candidate.
23-3320. Parties governed by act — right to use of party name — printing of candidates'

names on ballots — parties that may nominate by certificate.
23-3321. Declining nomination — vacancies before and after primary.

23-3301. Date of primary election — candidates to be selected. The pri-
mary election shall be held on the first Tuesday in June preceding any
general election to select candidates for :

(1) United States senators and representatives in Congress;

(2) Other elective state, district, and county officers;

(3) Delegates to any constitutional convention who will be chosen at
the ensuing general election ;

(4) County central committeemen and committeeworaen by the political
parties.

History: En. Sec. 56, Ch. 368, L. 1969.

23-3302. Primaries in cities over certain size — procedure. In cities
having a population of three thousand five hundred (3,500) or more as
shown by the most recent federal or state census :

(1) The nomination of candidates by primary election for city offices
shall be subject to the provisions of this chapter;

(2) Political parties shall file declarations of nominations for city
offices with the city clerk;

208

PRIMARY ELECTIONS AND NOMINATIONS 23-3304

(3) Tlu' duties of the city clerk arc the same as the registrar i]i con-
ducting: tlie primary elections, and the city clerk shall send notices of
the primary election in the same manner as registrars send notices for
nominations for county offices at primary elections;

(4) On the fourteenth day preceding a city election, the cities shall
hold primary elections ;

(5) If no declarations are filed forty (40) days or more before the
primary election, no primary election shall be held and the city clerk shall
certify to the registrar thirty-five (35) days or more before the date of
the primary' election that no petitions have been filed;

(6) The council shall;

(a) establish city voting precincts and wards,

(b) appoint city judges and clerks of elections and other officers
necessary for the election.

History: En. Sec. 57, Ch. 368, L. 1969.

23-3303. Notices of election. (1) Twenty (20) days before any pri-
mary election, the registrar shall prepare printed notices of the election
and mail two (2) notices to each judge of election.

(2) Each judge and clerk shall immediately post the notices in public
places in their precinct.

(3) Notices shall be in the form, and contain information, as pre-
scribed by the secretary of state.

History: En. Sec. 58, Ch. 368, L. 1969.

23-3304. Declaration of nomination — filing — fees — printing of vic-
torious write-in candidates on general election ballot. (1) Each candi-
date in the primary election, shall send a declaration of nomination to the
secretary of state, registrar, or city clerk.

(2) The candidate must sign the declaration and send with it the re-
quired filing fee, to be acknowledged by a notary public if by mail, or by
the officer of the office at which the filing is made.

(3) The declaration, when filed, is conclusive evidence that the elector
is a candidate for nomination by his party.

(4) Nominating declarations are filed :

(a) In the office of secretary of state for congressional offices, state or
district offices to be voted for in more than one (1) county, members of
the legislative assembly, and judges of the district court;

(b) In the office of the registrar for county and district offices to be
voted for in one (1) county only, and for township and precinct offices;

(5) Filing fees are as follows:

(a) For offices having a salary of one thousand dollars ($1,000) or less
per annum, ten dollars ($10), except candidates for the legislative assembly
or lieutenant governor must pay fifteen dollars ($15) ;

209

23-3305 ELECTIONS

(b) For offices having: a salary of more than one lliousand dollars
($1.(K)U) per annum, one per eent (1%) of the total annual salary;

(ij in count ics of tlic first class, forty (h)nars ($10),
(ii) in counties of llic second class, thirty-live dollars ($33),
(iii) in counties of tlie third class, thirty dollars ($30),
(iv) in counties of the fourth class, twenty-five dollars ($25),
(v) in counties of other classes, ten dollars ($10),

(d) For offices in which compensation is paid in fees, five dollars ($5) ;

(e) For state, county, and precinct committeemen, delegates to na-
tional conventions, and presidential electors, no fees are required.

(G) A person nominated by having his name written in on the pri-
mary ballot and desiring to accept the nomination shall not have his name
printed on the general election ballot unless he :

(a) Files Avith the secretary of state, registrar, or city clerk, at least
ten (10) days after the primary a written declaration indicating his
acceptance of the nomination;

(b) Pays the required filing fee,

(7) The declaration for nomination shall be in form and contain in-
formation, prescribed by the secretary of state. Every declaration must
be signed by the elector seeking nomination.
History: En. Sec. 59, Ch. 368, L. 1969,

DECISIONS UNDER FORMER LAW

Time for Filing Acceptance by Write-in hence a candidate for house of represen-

Candidate tatives who filed acceptance 18 days after

Under prior statute requiring write-in election was not entitled to a "writ of

candidate to file within ten days after mandate to compel the county clerk to in-

"election," the term "election" meant the t;lude his name on the general election of-

day of election and not the day on which ficial ballot. State ex rel Wulf v Mc-

the canvass of the ballots was completed, ^^rath, 111 M 96, 97, 106 P 2d 18o.

23-3305. Deadline for filing- nominating declarations — persons with
whom filed. Nominating declarations shall be filed not later than 5 p. m.
forty (40) days before the date of the primary election. Declarations for
nomination to an office filled by election throughout the state, as judge of
a district court, to an office filled by election in more than one (1) county,
or as a member of the legislative assembly shall be filed with the secretary
of state. Declarations for nomination to an office filled by election in one
(1) county, or district or city shall be filed with the registrar or city clerk.
History: En. Sec. 60, Ch. 368, L. 1969.

23-3306. Register of candidates — public record — disposition of poll-
books, tally sheets, ballots, etc. (1) The secretary of state, registrar, and
city clerk shall keep a "Register of Candidates for Nomination at the Pri-
mary Nominating Election." The entries in the register shall contain on
separate pages for each political party showing:

210

PRIMARY ELECTIONS AND NOMINATIONS 23-3308

(a) 'riio title of I lie ofliee souglit, and the name and reiiidenee oJ" eaeli
candidate ;

(b) Tlic name of his political party;

(e) The date of receiving the declaration for nomination signed by
the candidate;

(d) Other information as may aid in arranging the official ballot.

(2) Immediately after the canvass of votes of the primary election,
the officer shall enter in the register tlie date of entry, the name of each
candidate nominated, the office for which he is nominated, and the name
of the party making the nomination.

(3) When filed, the registers, declarations of nominations, letters and
notices, and other documents required by law are public records and open
to inspection under proper regulation. Certified copies shall be available
upon payment of the fee.

(4) The registrar shall keep all pollbooks, tally sheets, ballots, ballot
stubs, and other documents for one (1) year, and then he shall destroy
them.

History: En. Sec. 61, Ch. 368, L. 1969.

23-3307. Arrangfement of information concerning- candidates — duties of
secretary of state — duties of registrar or city clerk. (1) Not more than
forty (40) days and not less than thirty-two (32) days before the date of
the primary election, the secretary of state shall :

(a) Arrange all names and information concerning candidates con-
tained in the valid nominating declarations;

(b) Certify the arrangement under state seal, file it in his office, and
transmit a duplicate by registered mail to each registrar;

(2) Not more than thirty (30) days, and not less than twenty (20)
days before the date of the primary election, the registrar or city clerk
shall :

(a) Arrange, as required by law, the names and other information
concerning the candidates and parties named in the valid nominating
declarations which have been certified to him or filed with him;

(b) Certify the arrangement, file it in his office, and post a duplicate
in a conspicuous place in his office until after the primary;

History: En. Sec. 62, Ch. 368, L. 1969.

23-3308. Ballots, how arranged and voted. (1) At the primary, there
shall be a ballot for each political party entitled to participate. Each bal-
lot shall be printed on a separate sheet of white paper of the same size,
folded, and securely fastened at the top.

(2) Candidates' names shall be arranged alphabetically by surnames,
under the offices and under the proper party designation. Wlien two (2)

211

23-3309 ELECTIONS

or more persons are eandidates for uomiiiatiou for the same office, the
registrar shall divide the ballot to provide a rotation of the names of the
candidates as follows:

(a) Divide all county ballot forms into sets equal in number to the
greatest number of candidates for nomination or election to any office ;

(b) Arrange the sets so that candidates' names are rotated by remov-
ing one name from the top of the list for each nomination or office and
place the name or number at the bottom of the list for each successive set
of ballot forms; however, in printing ballots for use in any one (1) precinct,
only one (1) set shall be used and they shall be identical;

(c) If an elector writes the name of a person upon a ballot, and the
person's name appears as a candidate upon another ballot, the ballot shall
count for the person only as a candidate of the party upon whose ticket his
name is written;

(d) If a person is nominated upon more than one (1) ticket, not later
than ten (10) days after the election he shall file written notification with
the secretary of state, registrar, or city clerk the party under which his
name is to appear upon the ballot for the general election, and, if he fails
to notify the proper officers, his name shall appear under the party with
whom his nominating declaration was first filed;

(e) If a person fails to be nominated upon the party ticket contained
in his nominating declaration, his name shall not be printed upon any
ballot with party designation;

(f ) This act does not preclude an elector from having his name printed
upon the ballot as an independent candidate, and no candidate shall have
his name printed on more than one (1) ticket.

(3) Ballots shall be printed on white paper in the form of the Austra-
lian ballot and the candidates of each party shall be printed on a separate
ticket.

(4) After preparing his ballot, the elector shall detach it from the
remaining tickets and fold it so that the face is concealed and the official
stamp is seen ;

(a) The elector shall fold the remaining tickets, vote the marked
ballot without leaving the polling place, and deposit the remaining tickets
in a separate box marked as the blank ballot box;

(b) Immediately after the recount period, the election judges shall,
without examination, destroy the tickets deposited in the blank ballot box.

History: En. Sec. 63, Ch. 368, L. 1969.

23-3309. Official and sample ballots — preparation and number. (1)

Ballots equal to the number of voters entitled to vote in the primary shall
be printed and furnished to each election precinct.

(2) If a political party desires sample ballots its political committee
may order them from the registrar or city clerk and pay the costs of print-
ing. The registrar or city clerk shall order delivery in writing of the sam-
ple ballots and no sample ballots shall be printed without an order from
the registrar or city clerk.

212

PRIMARY ELECTIONS AND NOMINATIONS 23-3311

(3) Sample ballots shall be duplicates of the official ballot, but shall
not be printed on white paper, shall not have the same margins, and shall
not have perforated stubs.

History: En, Sec. 64, Ch. 368, L. 1969.

23-3310. Election clerks' and judges' duties upon closing of polls.

Immediately after the polls are closed at a primary election, the election
clerks and judges shall open the ballot boxes and :

(1) Count the ballots cast by each political party and fasten the ballots
cast for each political party into separate files,

(2) Take the tally sheets provided by the registrar and count the
ballots for each political party,

(3) Certify the number of votes cast for each candidate for each office,

(4) Place the counted ballots in the box.
History: En. Sec. 65, Ch. 368, L. 1969.

23-3311. Tally sheets — keeping and announcing the tally — statement.

(1) The registrar shall furnish tally sheets for each political party having
candidates in the primary election for each voting precinct. Tally sheets
shall contain the names of the candidates, names of the political parties
designated at the head, and be numbered in the order in which the names
appear on the official ballot.

(2) Tally sheets shall show :

(a) The number and name of each person voted for;

(b) Office for nomination to which each person was voted for;

(3) The election clerks and judges shall audibly announce the tally
or count, and shall keep the tally in the form prescribed by the secretary
of state. The tally or count shall be certified by the election clerks and
judges.

(4) The election clerks shall in ink:

(a) Keep tally upon the prescribed tally sheet of each political party;

(b) Total the number of tallies and write the total immediately to the
right of the last tallies for each candidate and also in the columns headed
"total vote" ;

(d) Immediately upon completion of the count, sign the tally sheets,
and each clerk shall certify which sheets were kept by him;

(e) If the chairman and judges are satisfied with the correctness of
the tally sheets, they shall sign all the tally sheets.

(5) The election clerks shall then prepare a statement of that portion
of the tally sheets showing the number and name and political party of
each candidate for nomination and the office and total votes received by
each in the precinct, and shall prepare the certificate. The election clerks
and judges who complete the count shall sign the statement and immedi-
ately post it in a conspicuous place outside of the polls. The statement
shall remain posted for ten (10) days.

History: En. Sec. 66, Ch. 368, L. 1969.

213

23-3312 ELECTIONS

23-3312. Duties of election clerks and judges after canvassing votes —
seal. (1) Immediately after canvassing votes, the election clerks and
judges who complete the count shall enclose the pollbooks in separate
envelopes and securely seal them. The election clerks and judges shall:

(a) Enclose the tally sheets in separate envelopes and securely seal
them;

(b) Enclose the precinct registers in separate envelopes and securely
seal them;

(d) Specify in ink the contents, and address each package to the
registrar of the county in which the election precinct is situated;

(e) Mark the sealed ballot packages on the outside showing what
numbers are contained, but once sealed they are not to be opened until
ordered by the proper court.

(2) When the count is completed, the sealed ballots shall be placed in
two (2) ballot boxes, the boxes locked and the seal of the board pasted
over the keyhole and rim of the lid so that to open the box the seal must
be broken. The registrar or the canvassers making the abstracts of the
votes shall not break the seal, nor shall anyone break the seal except upon
court order in case of contest or on order of the commissioners when the
boxes are needed for the ensuing election.
History: En. Sec. 67, Ch. 368, L. 1969.

23-3313. Abstracts of votes, when and how made — decision by lot in
event of tie — certificate for compensation — highest number of votes nomi-
nates. (1) At 8 a.m. in the third day after the close of any primary
election, or at 8 a. m. on a day sooner if all the returns are in, the registrar,
taking two (2) assistants who are justices of the peace, county commis-
sioners, or either, shall open the returns and make abstracts of the votes.

(2) Abstracts of votes for nomination of each party for governor,
lieutenant governor, secretary of state, attorney general, state auditor,
superintendent of public instruction, railroad commissioners, clerk of the
supreme court, state treasurer, justices of the supreme court. United States
senators. United States representatives, judges of the district court, and
members of the legislative a.ssembly, shall be on one (1) sheet, separately
for each political party, and shall be forthwith transmitted to the secre-
tary of state, as required by section 23-3314.

(3) Abstracts of votes for county and precinct offices shall be placed
on separate sheets for each political party, and the registrar shall certify
the nomination for each party and enter upon his register of nominations
the name of each of the persons having the highest number of votes for
nomination. He shall notify each person who is nominated by mail.

(4) If there is a tie for the same nomination in one (1) party, the
registrar shall notify the affected persons to come to his office at a time
set by the registrar. The registrar shall then decide publicly by lot which
of the persons is the nominee. The registrar shall enter the name of the
person chosen as nominee upon his register of nominations.

214

PRIMARY ELECTIONS AND NOMINATIONS 23-3315

(5) The registrar shall, on receipt of the primary returns, make out
a certificate stating the compensation the election clerks and judges are
entitled to and transmit this certificate to the commissioners. The com-
missioners shall order the compensation paid out of the county treasury.

(6) In all primary elections, the person having the highest number
of votes for nomination to any office is the nominee for his political party
for that oflfice.

History: En. Sec. 68, Ch. 368, L. 1969.

23-3314. Copy of abstracts to be sent secretary of state — canvass by
secretary of state — governor's certificate of nomination and proclamation —
decision by lot in event of tie. (1) The registrar, immediately after mak-
ing the abstracts of votes, shall send a copy of each of the abstracts by
mail to the secretary of state.

(2) The secretary of state shall, in the presence of the governor and
the state treasurer, proceed not later than fifteen (15) days after the date
of the primary election to canvass the votes given for nomination for
governor, United States senator, United States representative, lieutenant
governor, attorney general, superintendent of public instruction, railroad
commissioners, secretary of state, state treasurer, state auditor, justices
of the supreme court, clerk of the supreme court, judges of the district
court, members of the legislative assembly, and all other officers voted in
any district comprising more than one county.

(3) The governor shall grant a certificate of nomination to the person
having the highest number of votes for each office, and shall issue a procla-
mation declaring the nomination of each person by his party.

(4) When a tie exists between two (2) or more persons for nomination
in the same party, the secretary of state shall immediately give notice
to the persons tied, to attend in person or by attorney, at his office at
a time appointed by him. He shall then publicly decide by lot which per-
son is nominated by his party. The governor shall issue his proclamation
declaring the nomination of that person.

History: En. Sec. 69, Ch. 368, L. 1969.

23-3315. Error in ballot or other wrongful or neglectful act. (1)

Whenever it appears by affidavit to the district court, to the supreme
court, or to a supreme court judge :

(a) That an error or omission has occurred, or is about to occur,
in the printing of the name of any candidate or other matter on the
official primary nominating election ballots;

(b) That any error has been, or is about to be, committed in the
printing of the ballots;

(d) That any wrongful act has been performed by any judge or clerk
of the primary election, registrar, canvassing board or member, or by
any person charged Avith a duty under this act, or that any neglect
of duty by any of the persons has occurred or is about to occur; the court

215

23-3316 ELECTIONS

shall require by order the officer or person charged with the act or
neglect to perform his duties required by law or show cause why the
order should not issue.

(2) Failure to obey the court order is contempt.

(3) Any person aggrieved by the refusal or failure of any person
to perform any duty required by this act shall, without derogation of
any other right or remedy, be entitled to seek a writ of mandamus in
the district court and the proceeding shall be immediately heard and
decided.

History: En. Sec. 70, Ch. 368, L. 1969.

23-3316. Contest — notice — hearing — how tried and decided — certificate.

(1) Five (5) days or less after a person has been nominated, any person
wishing to contest the nomination to any state, county, district, township,
precinct, or city office shall give notice in writing to the person whose
nomination he intends to contest briefly stating the cause for the contest.

(2) The contestant shall make application to the district court judge
in the county where the contest is to be had. The judge shall then set
the time for the hearing.

(3) The contestant shall serve notice three (3) days before the
hearing is scheduled. The notice shall state the time and place of the
hearing.

(4) The judge of the district court shall hear and determine the
case and make all necessary orders for the trial of the case and carrying
his judgment into effect. The order of the judge shall express the will
of a majority of the legal voters of the political party, as indicated
by their votes, disregarding technicalities or errors in spelling.

(5) Each party is entitled to subpoenas.

(6) The registrar shall issue a certificate to the person declared
nominated by the court. The certificate shall be conclusive evidence
of the right of the person to hold the nomination.

History: En. Sec. 71, Ch. 368, L. 1969. Procedure to contest of nomination, see

M. R. Civ. P., Rule 81(a), Table A.
Cross-Reference

Application of Montana Rules of Civil

23-3317. Penalty for violation of act — officials — candidates. (1) If

an election clerk or judge of a primary election, or other officer or per-
sons on whom a duty is enjoined, willfully neglects that duty or commits
any corrupt act in the discharge of his duty, he is guilty of a violation
of this act. Upon conviction, he shall be imprisoned in the state prison for
not less than one (1) year nor more than five (5) years, imprisoned in
the county jail for not less than three (3) months nor more than one
(1) year, or fined not less than one hundred dollars ($100) nor more than
five hundred dollars ($500).

(2) If a candidate for nomination is guilty of any act which is wrong-
ful or unlawful, or acts at the primary whieli would be sufficient to
cause his removal from office if committed at the regular general election,
he shall, upon conviction, be removed from office in the same manner

216

PRIMARY ELECTIONS AND NOMINATIONS

23-3318

us though the act liad been coiinuit tod iit a regular general ch'ction,
even though he may have been regularly elected and was not guilty of a
wrongful or unlawful act at the election at which he was elected to his
oflSee.

History: En. Sec. 77, Ch. 368, L. 1969.

23-3318. Certificates of nominatioii by individuals or parties not ap-
pearing on prior ballot — requisites — applicability. Except as provided
in subsection (6) of this section, nominations for public office by an
individual or a political party which did not appear on the ballot in the
next preceding election may be made by executing a certificate of
nomination.

(1) The certificate must be in writing and contain:

(a) The name of a candidate for the office to be filled;

(b) His residence, his occu'^ation, and his business address.

(2) If a certificate is filed by a political party which did not appear
on the ballot in the next preceding election, it must contain the party
name and in five (5) words or less the principle which such body
represents.

(3) The certificate must be signed by electors residing within the
state and district, or political division in which the officer or officers
are to be elected. Each elector signing a certificate shall add to his
signature his place of residence, and his business address.

(4) The number of signatures must be five per cent (5%) or more
of the total vote cast for the successful candidate for the same office at
the next preceding election.

(5) The candidates for nomination shall file the certificates ninety
(90) days prior to the date of the general election.

(6) A person who desires to run for president or vice-president as
an independent candidate, must file a certificate of nomination with
the secretary of state. The certificate must have the signatures of electors
equal to five per cent (5%) or more of the legal votes cast for governor
at the next preceding general election. He must also nominate the
required number of electors allowable to Montana and certify the names
to the secretary of state.

(7) This section shall not apply to nominations for special elections
or to fill vacancies.

History: En. Sec. 78, Ch. 368, L. 1969,

DECISIONS UNDER FORMER LAW

Error in Certificate

Under the law governing conventions
and primary meetings, an error in the
party name on the certificate of nomina-
tion rendered it void. State ex rel. Scharni-
kow V. Hogan, 24 M 397, 401, 62 P 683.

The inadvertent failure to include the
name of a convention nominee for a cer-
tain office in the certificate of nominations
renders the certificate insufficient. State ex
rel. Galen v. Hays, 31 M 227, 231, 78 P 301.

Party Candidate

It is by means of the certificate of
nomination that the county clerk is in-
formed how to prepare the official ballot
for the electors. The secretary of state
cannot certify a candidate nominated by
electors, as the candidate of a political
party, for clearly he is not such a can-
didate and has no place in a group of
candidates certified as nominated by a
regular political party convention or or-

217

23-3319 ELECTIONS

ganization, under tlie name of the party state not more than sixty nor less than

making such nomination. State ex rel. thirty days before election was mandatory

Woody V. Eotwitt, 18 M 502, 510, 511, and a certificate of original nominations

46 P 370. made at a party convention could not be

filed less than thirty dav.s before election.

Time of Filing State ex rcl. Galen v. "llays, 31 M 227,

Prior law requiring certificates of noni- 230, 78 P 301.
ination to be filed with the secretary of

23-3319. Certificates of nominations to be preserved — certification of
candidates' names and descriptions — statement of votes received by candi-
date. (1) The secretary of state, registrars, and city clerks shall pre-
serve all certificates of nominations for one (1) year. All certificates
shall be open to public inspection under rules adopted by the various
offices.

(2) Forty-five (45) days or more before an election, the secretary of
state shall certify to the registrars the name and description of each
person nominated, as specified in the certificates of nomination filed
with him.

(3) Each election board shall transmit to the secretary of state a
statement of the number of votes cast for a person as the candidate
for the independent body by which he was nominated.

History: En. Sec. 79, Ch. 368, L. 1969.

23-3320. Parties governed by act — right to use of party name — print-
ing of candidates' names on ballots — parties that may nominate by cer-
tificate. (1) Every political party which received three per cent (3%)
or more of the total vote cast for governor at the next preceding general
election in the county, district, or state for which nominations are pro-
posed to be made, shall nominate its candidate for public office in the
county, district or state under this act.

(2) Every political party, and its regularly nominated candidates,
members and officers, has the sole and exclusive right to the use of the
party name. No candidate for office may use any word of the name of
any other political party or organization other than that by which he is
nominated.

(3) An independent or nonpartisan candidate shall not use any
word of the name of any existing political party or organization in his
candidacy.

(4) The names of candidates for public office nominated under this
act shall be printed on the official ballots for the ensuing election as the
only candidates of the respective parties for public office in the same
manner as the names of the candidates nominated by other methods
are required to be printed on the official ballots.

(5) Any political party that did not receive three per cent (3%)

or more of the total vote cast for governor, as provided in subsection

(1) of this section, and any new political party about to be formed, may

make nominations for public office as provided in section 23-3318.

History: En. Sec. 80, Ch. 368, L. 1969. Presidential Electors Are Candidates for

Public Office

Candidates for presidential electors were
candidates for public office, within the

218

PRIMARY ELECTIONS AND NOMINATIONS

23-3321

iiuMuijig of prior section. State ex rel.
Foster v. Mountjoy, 83 M 162, 168, 271 P
446.

Use of Term "Independent"

Assimiiiij; (Init not deeidiiig) tiiat an
existing political party may use the term
"Independent" in its party name, such
use cannot deprive another candidate from

employing that term in de.nignating the
character of his candidacy for the same
office, and section prohibiting an indepen-
dent candidate from using any word of
tlie name of an existing political party lias
Jio apiilication in such circumstances. State
ex rel. Wheeler v. Stewart, 71 M 358, 361,
230 P 366,

23-3321. Declining nomination — vacancies before and after primary.
(1) Twenty (20) days or more before the election, a per.son nominated
for public office may decline the nomination by a writing sent to the
office with whom his nominating declaration is filed. In city elections,
the declination shall be made ten (10) days or more before the election.

(2) If a vacancy occurs in the office of a candidate in case of death
or removal from the state or district before the date of the primary,
the vacancy shall be filled by the affected political party.

(3) When a vacancy occurs in the office of a candidate after the
primary and before the general election in a multicounty district, the
vacancy shall be filled as follows :

(a) The vacancy shall be filled by a committee of three (3) mem-
bers selected from each county by the county central committees of the
affected political party.

(b) The secretary of the committee shall transmit a certificate to
the secretary of state with the information contained on the original
certificate plus the cause of the vacancy, the name of the person nomi-
nated, the office to be filled, and the name of the person for whom
the nomination was made.

(c) "When the certificate is filed with the secretary of state he shall
insert the name of the person nominated to fill the vacancy.

(d) If the secretary of state has certified the nominations to the
registrars, he shall immediately certify to the registrars the name of the
person nominated to fill the vacancy, the office to be filled, the party
or political principle he represents, and the name of the person for
whom the nominee is substituted.

History: En. Sec. 82, Ch. 368, L. 1969.

Cross-Reference

Inducement to accept or decline nomi-
nation, see. 94-1456.

Defective Proceedings

An election will not be declared void
by reason of nonprejudicial defects in the
manner in which nomination was declined
where question was raised after election.
Stackpole v. Hallahan, 16 M 40, 51, 40
P 80.

Write-in Candidates

Where a successful write-in candidate
at a nominating election failed to file his
acceptance within ten days after election
day, his subsequent resignation did not
result in a vacancy which the county cen-

tral committee of his party could fill.
State ex rel. Wilkinson v. McGrath, 111
M 102, 106 P 2d 186.

Where a candidate for re-election to a
county office died 24 days before election,
his death known generally to electors, but
his name placed on ballot and majority
voted for him supposing to retain his
widow, appointed to fill the vacancy, un-
til the next general election, a write-in
candidate whom they intended to defeat,
receiving the highest vote cast for any liv-
ing person, held, on his application for
writ of mandate to compel the county
canvassing board to reconvene and cause
certificate of election issued to him, that
write-in candidate elected and entitled to
the ofiice. State ex rel. Wolff v. Geurkink,
111 M 417, 426, 109 P 2d 1094, 133 ALE
304.

219

23-3401

ELECTIONS

DECISIONS UNDER FORMER LAW

Death after Election

Former law did not empower county cen-
tral committee to make an original nom-
ination of a candidate to an office to be
filled at a special election where the of-
ficer-elect died after election and before
induction into office. State ex rel. Smith
V. Duncan, 55 M 376, 177 P 248, dis-
tinguished in 116 M 283, 291, 149 P 2d
913.

Time for Filling Vacancies

When a convention has made a nomina-

tion, and has authorized its committee to
fill any vacancy that may occur, the filling
of the vncancy by the committee upon the
death or resignation of the candidate, or
because the original certificate of nomin-
ation was or became insufficient or inop-
erative, may be made at any time before
the day of election. State ex rel. Scharni-
kow V. Hogan, 24 M 397, 402, 62 P 683;
State ex rel. Galen v. Hays, 31 M 227,
231, 78 P 301.

CHAPTER 34

POLITICAL PARTIES, COMMITTEEMEN AND COMMITTEES

Section

23-3401. Two committeemen to be elected at primary by each party — nomination —
names on party ticket.

23-3402. Committeemen as party representative — county and city central committees —
term — vacancy.

23-3403. Committees' powers — state central committee to appoint county central com-
mittee where none exists.

23-3404. Committees to fill vacancies among nominees under certain circumstances.

23-3405. Organization of committee — meeting — county convention to elect delegates
and alternates to state convention.

23-3406. Powers of parties.

23-3407. Payment of convention expenses — payment of delegates and alternates to
conventions to nominate presidential electors.

23-3401. Two committeemen to be elected at primary by each party —
nomination — names on party ticket. (1) Each political party shall elect
at each primary election one (1) man and one (1) woman who shall serve
as committeemen for each election precinct. The committeemen shall be
residents and registered voters of the precinct.

(2) An elector may be placed in nomination for committeeman by a
writing so stating, signed by the elector, notarized, and filed in the office
of the registrar within the time for filing declarations naming candidates
for nomination at the regular biennial primary election.

(3) The names of candidates for precinct committeeman of each
political party shall be printed on the party ticket in the same manner
as other candidates and the voter shall vote for them in the same manner
as he does for other candidates.

History: En. Sec. 72, Ch. 368, L. 1969.

23-3402. Committeemen as party representative — county and city cen-
tral committees — term — vacancy. (1) Each committeeman shall repre-
sent his political party for the precinct in all ward or subdivision com-
mittees formed.

(2) The committeemen in each precinct shall constitute the county
central committee of the respective political parties.

(3) Committeemen who reside within the limits of a city are ex
officio the city central committee of their respective political parties and

220

POLITICAL PARTIES 23-3405

have the power to make their own rules not inconsistent with those of the
county central committee. However, the county central committee has
the power to fill vacancies in the city central committee.

(4) Each precinct committeeman has a term of two (2) years from
the date of his election.

(5) If a vacancy occurs, the remaining members of the county com-
mittee may select a precinct resident to fill the vacancy.

History: En. Sec. 73, Ch. 368, L. 1969.

23-3403. Committees' powers — state central committee to appoint coun-
ty central committee where none exists. (1) The county and city central
committee may:

(a) Make rules for the government of its political party in each
county, not inconsistent with any of the provisions of this act nor the
rules of its state political party;

(b) Elect two (2) county members of the state central committee,
one (1) shall be a man and one (1) shall be a woman; elect the members
of the congressional committee ; and fill all vacancies and make rules
in their jurisdiction.

(2) If there is no county central committee, the state central com-
mittee shall appoint a county central committee.
History: En. Sec. 74, Ch. 368, L. 1969.

23-3404. Committees to fill vacancies among nominees under certain
circumstances. County and city central committees may make nomina-
tions to fill vacancies occurring among the candidates of their respective
parties nominated for city or county ofiices by the primary election if
the vacancy is caused by death, resignation, or removal from the electoral
district but not otherwise.

History: En. Sec. 75, Ch. 368, L. 1969. day, his subsequent resignation did not

result in a vacancy which the county cen-

Write-in Candidate ti-al committee of his party could fill.

Where a successful write-in candidate at State ex rel. Wilkinson v. McGrath, 111
a nominating election failed to file his M 102, 106 P 2d 186.
acceptance within ten days after election

DECISIONS UNDEE FOEMEE LAW

Death after Election officer-elect died after election and before

Former law did not empower county induction into office. State ex rel. Smith

central committee to make an original \- ^V"*^^,"'. 5^,,^ 'r^' ^^L,^ "t^'x.'^i^;
nomination of a candidate to an office to tinguished in 116 M 283, 291, 149 P 2d

be filled at a special election, where the ^l-^-

23-3405. Organization of committee — meeting — county convention to
elect delegates and alternates to state convention. (1) The committee
shall meet prior to the state convention of its political party and organize
by electing a chairman and one (1) or more vice-chairmen. The chairman
or first vice-chairman shall be a woman. They shall elect a secretary
and other officers as are proper. It is not necessary for the officers to be
precinct committeemen.

221

23-3406 ELECTIONS

(2) The committee may select managing or executive committees and
authorize subcommittees to exercise any and all powers conferred upon
the county, city, state, and congressional central committees by this act.

(3) The chairman of the county central committee shall call the cen-
tral committee meeting and not less than four (4) days before the date
of the central committee meeting shall publish the call in a newspaper
published at the county seat and mail a copy of the call, enclosing a
blank proxy, to each precinct committeeman. No proxy shall be recognized
unless held by an elector of the precinct of the committeeman executing it.

(4) The county chairman of the party shall preside at the county
convention. No person other than a duly elected or appointed committee-
man or oflBcer of the committee is entitled to participate in the proceedings
of the committee.

(5) If a committeeman and the appointed proxy are absent, the con-
vention may fill the vacancy by appointing some qualified elector of the
party, resident in the precinct, to represent the precinct in the convention.

(6) The county convention shall elect delegates and alternate dele-
gates to the state convention under rules of the state party. The chair-
man and secretary of the county convention shall issue and sign certificates
of election of the delegates.

History: En. Sec. 76, Ch. 368, L. 1969.

23-3406. Powers of parties. (1) Each political party shall have
power to :

(a) Make its own rules and regulations;

(b) Provide for and select its own offices;

(d) Adopt platforms ;

(e) Provide for selection of delegates to national conventions;

(f) Provide for the nomination of presidential electors;

(g) Provide for the selection of national committeemen and women;
(h) Make nominations to fill vacancies occurring among its candidates

nominated for offices to be filled by the state at large or by any district

consisting of more than one (1) county where such vacancies are caused

by death, resignation or removal from the electoral district;

(i) Perform all other functions inherent in such an organization.

History: En. Sec. 81, Ch. 368, L. 1969. Compiler's Notes

As enacted, this section contained no
subsection (2).

23-3407. Payment of convention expenses — payment of delegates and
alternates to conventions to nominate presidential electors. (1) Except
as provided in subsection (2) of this section, expenses of county and state
conventions shall be paid by the political parties.

(2) Elected delegates and alternates attending state conventions to
nominate presidential electors shall be paid eight cents ($.08) per mile
for travel to and from the convention paid from the county general fund.
History: En. Sec. 83, Ch. 368, L. 1969.

222

ELECTION SUPPLIES AND BALLOTS 23-3503

CHAPTER 35

ELECTION SUPPLIES AND BALLOTS

Section

12 .'J-H ;■)()!. Items to 1)C furnislied by comiuisHioncrs.

23-3502. City clerk to act in city elections.

23-3503. Registrars or city clerks to deliver ballots and rubber stamp before opening

of polls.
23-3504. Forms for election returns.
23-3505. Completion and posting of forms.
23-3506. Registrar to provide printed ballots — marking by electors — other ballots

ineffective.
23-3507. Ballot for questions submitted to the people — duties of registrar and city

clerk.
23-3508. Printing and distribution of ballots at public expense — uniformity.
23-3509. Printing of candidate's name and party designation on ballot — no party

designation for candidates for supreme and district court judgeships —

persons nominated by more than one party.
23-3510. Pasters to be printed and distributed where vacancy has been filled — election

judges to affix.
23-3511. Arrangement of names — rotation on ballot.
23-3512. Columns and material to be printed on ballot.
23-3513. Order of placement.
23-3514. Blank space and margin.
23-3515. Stub, size and contents.

23-3516. Number of ballots to be provided for each precinct.
23-3517. Short-term and long-term elections for same office — order of offices on ballot.

23-3501. Items to be furnished by commissioners. The commissioners
shall :

(1) Furnish pollbooks to each election precinct in a form prescribed
by the secretary of state;

(2) Furnish printed blanks for precinct registers, pollbooks, tally
sheets, lists of electors, tickets, and returns, together with envelopes
in which to enclose the returns;

(3) Furnish for each polling precinct a ballot box or canvas pouch
with a lock and key for the ballots and detached stubs.

History: En. Sec. 84, Ch. 368, K 1969. Cross-Reference

County commissioners to furnish poll-
books, sec. 16-1156.

23-3502. City clerk to act in city elections. In city elections, the city
clerk shall perform all duties prescribed for registrars in this chapter.
History: En. Sec. 85, Ch. 368, L. 1969.

23-3503. Registrars or city clerks to deliver ballots and rubber stamp
before opening of polls. Before the opening of the polls, the registrars
or city clerks shall :

(1) Deliver the election ballots to the judges of election in each poll-
ing place;

(2) Deliver a rubber stamp which contains the words "Official Ballot,"
the name or number of the election precinct, the name of the county, the
date of the election, and the name and official designation of the clerk
who furnished the ballots.

History: En. Sec. 86, Ch. 368, L. 1969.

223

23-3504 ELECTIONS

23-3504. Forms for election returns. In sending out election supplies

to each precinct, the registrars shall send six (6) or more printed forms

with a return envelope to the election judges to be used in sending election

returns for public information. The forms shall be in ballot form and

have printed on them the names of each candidate and each proposition.

History: En. Sec. 87, Ch. 368, L. 1969. a part of the election returns and are not

required to be transmitted to the clerk
Transmitting Forms in sealed packages. Dubie v. Batani, 97

Forms on which judges of election must M 468, 478, 37 P 2d 662.
summarize the result of the vote are not

23-3505. Completion and posting of forms. (1) Immediately after
all the ballots are voted in each precinct, the election judges shall copy
the total votes cast for each candidate and for and against each proposi-
tion on the blanks furnished by the registrars in the preceding section.
(2) The election judges shall immediately post one of the blanks at
the polling place, and send a copy by mail to the registrar.
History: En. Sec. 88, Ch. 368, L. 1969.

23-3506. Registrar to provide printed ballots — marking by electors —
other ballots ineffective. Except as otherwise provided in this act:

(1) The registrar shall provide printed ballots for every election for
public officers. He shall print on the ballot the names of all candidates,
including candidates for chief justice and associate justices of the supreme
court, and judges of the district courts;

(2) An elector may write or paste on his ballot the name of any
person for whom he desires to vote for any office, but must mark it as
provided in section 23-3606. When the ballot is marked in this manner
it must be counted the same as though the name is printed upon the
ballot and marked by the voter;

(3) Ballots other than those printed by the registrars may not be
cast or counted in any election.

History: En. Sec, 89, Ch. 368, L. 1969. Use of Uniform Ballot Required

_ ^ „ By statute a uniform ballot has been

Cross-Kelerences adopted, to be printed and distributed at
Constitutional amendments, separate bal- public expense, and no others than those

lot prohibited, sec. 37-105. so provided can be cast or counted. Har-

Initiative and referendum, ballot, sec. rington v. Crichton, 53 M 388, 391, 164

37-107. P 537.

Separate ballot for bonds and levies,

sec. 37-107.

23-3507. Ballot for questions submitted to the people— duties of regis-
trar and city clerk. (1) When the secretary of state has certified to
the registrar any question to be submitted to a vote of the people, the
registrar must print the ballot in a form which will enable the electors
to vote upon the question presented as provided by law.

(2) The registrar must prepare the necessary ballots whenever any
question is to be submitted to the electors of any locality, or of the
state generally. However, for questions submitted to the electors of a
city alone, the city clerk shall prepare the necessary ballot.
History: En. Sec. 90, Ch. 368, L. 1969.

224

ELECTION SUPPLIES AND BALLOTS 23-3511

23-3508. Printing and distribution of ballots at public expense — uni-
formity. (1) All ballots cast for public officers within the state, except
school district officers, must be printed and distributed at public expense.

(2) The county shall pay for the printing of ballots and cards of
instruction for elections in each county,

(3) The expense of printing and delivering ballots in city elections is
a charge upon the city in Avhich the election is held.

(4) All official ballots must be uniform in size and printing. This
involves :

(a) Uniformity in the type of ink used, which must be black, size
of paper, type of white paper and arrangement of the paper, and the
names of candidates printed upon the ballots shall be in type of the
same size and character;

(b) When the stubs are detached, it must be impossible to distinguish
any one of the ballots from another ballot;

(c) The ballots must contain the name of every candidate whose
nomination is certified under law for a special office and no other names
except that the names of candidates for president and vice-president of the
United States shall appear on the ballot as provided in section 23-4301.

History: En. Sec. 91, Ch. 368, L. 1969.

23-3509. Printing of candidate's name and party designation on ballot
— no party designation for candidates for supreme and district court
judgeships — persons nominated by more than one party. (1) Candidates'
names shall be printed in one place on the ballot wnth the name of the
party or political organization, as found in the certificate of nomination
in not more than three (3) words, printed opposite the name.

(2) The names of candidates for chief justice, associate justices, and
district court judges shall be followed by: "Nominated without party
designation."

(3) If a person is nominated for the same office by more than one
(1) party, he shall file a written election with the officer with whom
he filed his declaration of nomination in the time required to file the
declaration. If he fails or neglects to file an election, no party designation
shall be placed opposite his name.

History: En. Sec. 92, Ch. 368, L. 1969.

23-3510. Pasters to be printed and distributed where vacancy has
been filled — election judges to affix. (1) If a vacancy occurs after the
printing of the ballots but before election, and a person is nominated
to fill the vacancy, the officer whose duty it is to have the ballots printed
must print pasters containing the name of the new nominee and mail
them to the election judges by registered letter.

(2) The election judges shall affix the pasters over the substituted
name in the proper place on each ballot before it is given to the elector.
History: En. Sec. 93, Ch. 368, L. 1969.

23-3511. Arrangement of names — rotation on ballot. (1) The candi-
dates' names shall be arranged alphabetically on tlie ballot according to
.surnames under the appropriate title of the respective offices.

225

23-3512 ELECTIONS

(2) The candidates of the two (2) major parties shall appear on the
ballot before and above candidates of minor parties and independent
candidates.

(3) The parties whose candidates for governor, except independent
candidates, received the highest number of votes at the next preceding
four (4) general elections shall constitute the two (2) major political
parties.

(4) If there is a tie in the number of first or second place votes,
the determination shall be made by going back to enough preceding
elections to break the tie and no further.

(5) All other candidates shall be designated as either independent
candidates or as belonging to minor parties.

(6) If two (2) or more persons are candidates for election to the
same office, the registrar shall divide the ballot forms into sets to provide
a substantial rotation of the names of candidates as follows:

(a) He shall divide the whole number of ballot forms for the county
into sets equal in number to the greatest number of candidates for any
office ;

(b) He shall arrange the sets so that the names of the candidates
beginning with a form arranged in alphabetical order, are rotated by re-
moving one (1) name from the top of the list for each office and placing
the name or number at the bottom of the list for each successive set of
ballot forms;

(d) No more than one (1) of the sets shall be used in printing the
ballot for use in any one (1) precinct, and all ballots furnished for use
in any precinct shall be identical;

(e) Candidates of the two (2) major parties shall be rotated so they
appear on the ballot before and above any candidates of the minor
parties or independent candidates.

Histnr-y En. Sec. 94, Ch. 368, L. 1969.

23-3512. Columns and material to be printed on ballot. (1) Each
ballot shall contain three (3) categories with at least one (1) column
for each category.

(2) At the head of the first column to the left shall be the words,
"STATE AND NATIONAL," in boldface typo, followed by a list of all
candidates for state and national offices, including supreme court justices,
district court judges, and members of the legislative assembly, and the
list shall progressively continue to t]i(^ top of the second column.

(3) Next shall be the words "COUNTY AND TOWNSHIP," in large
boldface type and beneath tJio heading all candidates for county and
township offices. The list shall progressively continue on to the top of
the third eolunin.

(4) Next shtill be the words "INITIATIVES, REFERENDUMS, AND
CONSTITUTIONAL AMENDMENTS," in boldface type, and listed there-

226

ELECTION SUPPLIES AND BALLOTS 23-3513

under shall be all proposed constitutional amendments and measures to be
voted which do not involve the creation of any state levy, debt, or lia-
bility. If there are no such measures, this heading shall be eliminated,

(5) Following each except the last column, the words "VOTE IN
THE NEXT COLUMN" shall appear.

(6) All measures involving the creation of a state levy, debt, or lia-
bility shall be submitted to the voters upon a separate official ballot.

(7) Each ballot shall be printed so that all the matters printed are
equally apportioned among the three (3) categories as nearly as possible.

History: En. Sec. 95, Ch. 368, L. 1969.

23-3513. Order of placement. (1) The order of offices on the ballot
in the first column designated "STATE AND NATIONAL," shall be as
folloAVS :

(a) If the election is in a year in which a president of the United
States is to be elected, in spaces separated from the balance of the party
tickets by a heavy black line, shall be the names and spaces for voting
for candidates for president and vice-president. The names of candidates
for president and vice-president for each political party shall be grouped
together.

(b) United States senator;

(d) Governor;

(e) Lieutenant governor;

(f) Secretary of state;

(g) Attorney general;
(h) State treasurer;
(i) State auditor;

(j) Kailroad and public service commissioners;
(k) State superintendent of public instruction;

(1) Clerk of the supreme court;

(m) Chief justice of the supreme court;

(n) Associate justices of the supreme court;

(o) District court judges;

(p) State senators, members of the house of representatives.
If any offices are not to be elected, they shall not be designated but the
order of offices to be filled shall maintain their relative positions.

(2) In the column designated, "COUNTY AND TOWNSHIP," the fol-
lowing order of placement shall be observed:

(a) Clerk of the district court;

(b) County commissioner;

(d) Sheriff;

(e) County attorney;

(f) County auditor;

(g) Other offices in the order designated by the registrar.

(3) In the third column constitutional amendments shall be followed
by referendum and initiative measures.

History: En. Sec. 96, Ch. 368, L. 1969.

227

23-3514 ELECTIONS

23-3514. Blank space and margin. (1) Below the names of candidates
for each office there must be enough blank spaces to contain as many writ-
ten names of candidates as there are persons to be elected.

(2) There must be a margin on each side of at least one-half (V2)
inch in width, and a reasonable space between the names, so that the voter
may clearly indicate the candidate for whom he wishes to cast his ballot.
History: En. Sec. 97, Ch. 368, L. 1969.

23-3515. stub, size and contents. (1) The ballot shall be printed on
the same leaf with a stub, and separated by a perforated stub.

(2) The stub shall extend the entire width of the ballot, and have
instructions printed on it.

(3) Upon the face of the stub shall be printed, in type called brevier
capitals, the following :

(a) "This ballot should be marked with an 'X' in the square before
the names of each person or candidate for whom the elector intends to
vote. The elector may write in blank spaces, or paste over another name,
the name of a person for whom he Avishes to vote, and vote by marking
an 'X' in the square before the name."

(b) "If a ballot contains a constitutional amendment, or other ques-
tion to be submitted to a vote of the people, it is voted on by marking
an 'X' in the square before the amendment or question."

(4) On the back of the stub shall be printed or stamped by the regis-
trar or other officer, the consecutive number of the ballot, beginning with
number one (1) and increasing in regular numerical order to the total
number of ballots required for the precinct.

History: En. Sec. 98, Ch. 368, L. 1969.

23-3516. Number of ballots to be provided for each precinct. (1) The
registrar must provide each election precinct with sufficient ballots for
the electors registered plus sufficient copies to cover destroyed ballots.

(2) The registrar shall keep a record in his office, showing the exact
number of ballots that are delivered to the election judges of each
precinct.

(3) In city elections the city clerk shall provide necessary ballots.
History: En. Sec. 99, Ch. 368, L. 1969.

23-3517. Short-term and long-term elections for same office — order of
offices on ballot. (1) If there is a short-term and a long-term election
for the same office, the long-term office shall precede the short-term.

(2) Above each group of candidates for each office shall be printed
the words designating the particular office in boldface capital letters and
directly underneath the words, "VOTE FOR," followed by the number to
be elected to such office.

(3) The ballot shall be in a form prescribed by the secretary of state.
History: En. Sec. 100, Ch. 368, L. 1969.

228

CONDUCT OF ELECTIONS 23-3602

CHAPTER 30
CONDUCT OF ELECTIONS— THE POLLS— VOTING AND BALLOTS

Section

23-3601. Instruction cards, printing, distribution, posting and contents of — display of

official ballots.
23-3602. Proclamation prior to opening and closing polls.
23-3603. Delivery of official ballots to elector.
23-3604. Sufficient booths to be provided — only one person to occupy booth — may

be ejected after occupying bootli for unreasonable time.
23-3605. Prohibited conduct.
23-3006. Method of voting.
23-3607. No person except election judge to ])ut ballot or other object in a ballot

box — penalty.
23-3608. Putting ballot in box.
23-3609. Judges may aid disabled elector.

23-3610. Marking precinct register book before elector votes — procedure.
23-3611. Grounds of challenge.
23-3612. Proceedings on challenger for want of identity, having voted before, and

conviction of felony.
23-3613. Challenges, how determined.

23-3614. If a person refuses to be sworn, vote to be rejected.
23-3615. Trial of challenges.

23-3616. Proceedings upon determination of challenges.
23-3617. List of challenges to be kept.
23-3618. Poll watchers — announcement of voter's name.

23-3601. Instruction cards, printing, distribution, posting and contents
of — display of ofiBcial ballots. (1) The registrar shall print on cards in-
structions to electors on how to vote.

(2) He shall furnish six (6) cards to the election judges in each pre-
cinct and one (1) additional card for each fifty (50) registered electors or
fractional part of fifty (50) at the same time ballots are furnished.

(3) The election judges shall post at least one (1) card in each com-
partment provided for the preparation of ballots, and not less than three
(3) of the cards elsewhere about the polling place.

(4) The cards shall contain instructions in bold large type :

(a) On how to obtain ballots for voting;

(b) On how to prepare ballots for deposit in the ballot box;

(e) On how to obtain a new ballot in place of one spoiled by accident;
(d) A copy of sections 94-1407, 94-1411, 94-1412, 94-1413, 94-1414, and
94-1415, R. C. M. 1947.

(5) Official ballots provided for in chapter 35 of this act shall be posted

in each booth or compartment and in three (3) conspicuous places about

the polling place.

History: En. Sec. 101, Ch. 368, L. 1969. ence to "chapter 35" for a reference to

"chapter 6" in subsection (5).
Compiler's Notes

The compiler has substituted the refer-

23-3602. Proclamation prior to opening and closing polls. Before the
polls are opened or closed that fact must be proclaimed at the place of
election.
History: En. Sec. 102, Ch. 368, L. 1969.

229

23-3603 ELECTIONS

23-3603. Delivery of official ballots to elector. (1) The election judges
must designate two [2) of their number to deliver ballots to electors.

(2) Before delivery, the election judges shall stamp the words "official
ballot" on the back and near the top of the ballot. They shall also stamp
other words required by section 23-3503.

(3) The election clerks shall enter on the poll lists the name of the
elector and the number of the stub attached to the ballot given him.

(4) Each elector shall receive one (1) ballot from the election judges.

History: En. Sec. 103, Ch. 368, L. 1969. though in reality it was on the stub in-
stead of on the ballot proper, the act of

Stamping of Official Ballot the judges in removing the stamp with

Where ballots had been delivered to the stub — thus leaving the ballot without

electors by the judges of election with the stamp — did not render the ballot void.

the official stamp apparently in the place Harrington v. Crichton, 53 M 388, 164 P

in which the law requires it to be, al- 537.

23-3604. Sufficient booths to be provided — only one person to occupy
booth — ^may be ejected after occupying booth for unreasonable time. (1)
All officers who designate polling places shall :

(a) Provide in each polling place a sufficient number of booths. The
officers must furnish each booth with a door or curtain to screen the voter
from observation ;

(b) Furnish the booths adequately to enable the elector to prepare his
ballot ;

(2) No more than one (1) person may occupy a booth at one (1) time,
and no person may occupy a booth longer than is reasonably necessary to
prepare his ballot, after which the election judges may eject him.

History: En. Sec. 104, Ch. 368, L. 1969.

23-3605. Prohibited conduct. (1) An election officer shall not do any
electioneering on election day.

(2) A person shall not do any electioneering on election day, within
any polling place, in any building in which an election is being held, or
within two hundred (200) feet of the building where the polling place
is located.

(3) A person shall not obstruct the entries to a polling place.

(4) An election officer, sheriff, constable, or other peace officer may
clear the passageway, prevent any obstruction, and arrest any person ob-
structing the passageway to a polling place.

(5) A person shall not remove a ballot from the polling place before
the closing of the polls.

(6) A person shall not show the contents of his ballot to any other per-
son after it is marked.

(7) A person shall not solicit the elector to show the contents of his
ballot; nor shall any person, except the election judge, receive from any
elector a ballot prepared for voting.

230

CONDUCT OF ELECTIONS 23-3606

(8) All elector shall not receive u balldl from any other person tlian
one of the election judges, nor shall any person other than an election
judge deliver a ballot to an elector.

(9) An elector shall not vote any ballot except one received from
the election judges.

(10) An elector shall not place any mark upon his ballot by which it
may be identified as the one voted by him.

(11) An elector who does not vote a ballot delivered to him shall,
before leaving the polling place, return the ballot to the election judges.

History: En. Sec. 105, Ch. 368, L. 1969. Electioneering by election officials, pen-

„ ^ alty, 94-1413.

Cross-References Solicitation of votea on election day, sec.

Disclosing contents of ballot after mark- 94-1453.
ing, penalty, 94-1414.

23-3606. Method of voting. (1) On receipt of his ballot, the elector
must immediately retire to one of the booths and prepare his ballot.

(2) He shall prepare his ballot by marking an "X" in the square before
the name of the person or persons for whom he intends to vote.

(3) If the ballot contains a constitutional amendment, or other question
to be submitted to the vote of the people, he shall mark an "X" in the
applicable square indicating his vote either for or against the amendment
or question.

(4) The elector may write in the blank spaces, or paste over any
other name, the name of any person for whom he wishes to vote, and vote
for that person by marking an "X" before the name.

(5) After preparing his ballot the elector must fold it so the face
of the ballot will be concealed and the endorsements may be seen,
and hand it to the election judges who shall announce the name of the
elector and the printed or stamped number on the stub in a loud tone
of voice. The judge must announce the voter's name and record the
name in the pollbook. If the voting is in a city, the voter's residence shall
also be announced and recorded in the pollbook.

(6) If the elector is entitled to vote, and if the printed or stamped num-
ber is the same as that entered on the pollbooks as the number on the
stub, the judge shall receive the ballot, and remove the stub in sight of
the elector depositing each ballot in the ballot box and each stub in a
box for detached ballot stubs.

(7) Any elector who spoils his ballot may, on returning the spoiled
ballot, receive another in place of it.

ffistory: En. Sec. 106, Ch. 368, L. 1969. voter is not to be disfranchised by the
■r> -4. * -D 11 4. errors or wrongful acts of election officers.
Deposit of Ballot Carwile v. Jones, 38 M 590, 599, 101 P
Act of voting is not completed until the 153.
ballot is deposited in the ballot box. Good-
ell V. Judith Basin County, 70 M 222, 233, Marking of Ballot

224 P 1110. In an election contest, the court prop-

■n T- X71 i- /^^ ^""ly refused to count for a candidate bal-

Error by Election Officer ,otg n^arked as follows: (1) Where the

A ballot properly marked, but from cross was placed after the candidate's

which the stub has not been detached by name and entirely without his party col-

the ballot judge, should be counted; a umn; (2) where perpendicular lines were

231

23-3607

ELECTIONS

drawn through the uaiues in (nio party
column, but no crops was placed beforp
the candidate's name; and (3) where his
name was written in one party column,
but no cross marked in the square l)efore
tlic name. In neither instance was there
substantial, nor any, comi)liance with the
provisions of predecessor section. Carwile
V. Jones, 38 M 590, 595, 101 P 153.

In an election contest, the court prop-
erly refused to count a ballot for a candi-
date which was marked by crossing out all
the names in other party columns, but
which failed to show an "X" before his
name. While the intention of the voter is
generally a very material consideration,
he must express his intention substantially
as indicated bv the statute. Carwile v.
Jones, 38 M '590, 595, 101 P 153.

Where the crossmark was placed after
the candidate's name but within his party
column, the ballot was void, since the
elector did not substantially comply with
the requirement of prior section relative
to placing the mark before the name.
Carwile v. Jones, 38 M 590, 595, 101 P
153.

Any mark within the square before the
candidate's name, which can be said to
be a crossing of two lines, will answer the
requirements of the statute that the elec-
tor must place an "X" in such square;
and in the absence of anything to indi-
cate a purpose on his part to identify his
ballot by the use of a third line within

the square, a defect in the mark is not
sufficient to vitiate the ballot. Carwile v.
Jones, 38 M 590, 595, 101 P 153, explained
in 109 M 390, 393, 396, 96 P 2d 922.

Statutory provision that a ballot should
bo marked by ;\n "X" in the square is
diroctoi'y and not niandatoiy, and in the
absence of a further provision that unless
so marked the ballot shall not be counted,
a ballot upon which the elector marked
all squares with a check mark (\') instead
of an "X" should have been counted for
contestant, there being nothing to indicate
an attempt to mark the ballot for identifi-
cation purposes. Peterson v. Billings, 109
M 390, 395, 96 P 2d 922.

Voting an Aflarmative Act

The casting of a ballot at an election of
public officers is an affirmative, not a nega-
tive, act — an act done with intention of
voting for someone; hence if it is the
purpose of voters to defeat a certain can-
didate, that purpose can be accomplished
only by voting for some person in opposi-
tion to him, and not by voting for a per-
son who died some weeks before election
with the expectation that the vote cast
for him would be counted as opposed to
the person sought to be defeated; one
wlio has died is no longer a person for
whom, under section 2, article IX of the
constitution, a voter may cast his ballot.
State ex rel. Wolff v. Geurkink, 111 M
417, 426, 109 P 2d 1094, 133 ALE 304.

23-3607. No person except election judge to put ballot or other object
in a ballot box — penalty. No person, except an election judge shall put
a ballot, any paper resembling a ballot, or anything other than a ballot
in a ballot box. A person violating this section is guilty of a misdemeanor.
An election judge who knowingly permits a violation of this act is guilty
of a felony.
History: En. Sec. 107, Ch. 368, L. 1969.

23-3608. Putting ballot in box. If tlie name of an elector appears in
the official register of the precinct, or if the person offering to vote produces
a proper registry certificate and his vote is not rejected upon a challenge,
the election judge must immediately and publicly in the presence of all
the judges, place the ballot in tlie ballot box without opening or examin-
ing it.

History: En. Sec. 108, Ch. 368, L. 1969.

23-3609. Judges may aid disabled elector. (1) Tlie election judges
shall aid an elector, who because of physical disability or inability to read
or write, needs assistance in marking his ballot.

(2) The elector shall be assisted by two (2) judges who represent differ-
ent parties. The disabled elector may request that a qualified elector he des-
ignates also aid him in voting. The election judges must certify on the official

232

CONDUCT OF ELECTIONS

23-3610

register opposite tlie disabled elector's iiajne that the ballot was marked with
their assistance and the name of any other elector designated. Neither the
judges nor a person who aided the elector may reveal information regard-
ing the ballot.

(3) The election judges shall require the declaration of disability by
the elector under oath. They are authorized to administer the oath.

(4) No elector, other than the one who is unable to vote, may divulge
to anyone within the polling place the name of any candidate for whom
he intends to vote, or ask or receive the assistance of any person within
the polling place in the preparation of his ballot.

(5) Instead of assistance, as provided in subsection (2) of this section,
the elector may request the assistance of any qualified elector whom he
designates to the judges to aid him in the marking of his ballot, and
the judges must certify on the official register opposite the name of such
disabled elector that it was so marked with their assistance.

History: En. Sec. 109, Ch. 368, L. 1969.

Evidence

Where it appeared in an election con-
test that a voter's ballot had been en-
dorsed by the judges of election, as re-
quired by law, it was necessary to show
that it could not thereby be identified,
in order to let in, as secondary evidence,
testimony as to how he voted. Lane v.
Bailey, 29 M 548, 560, 75 P 191.

Need Not Certify Reason for Assistance
A ballot bearing the endorsement:

"Voted by H. and M. (judges election)
for illegibility of voter," was not void on
the ground that the reason given for
assisting the voter was not one recognized
by law, since section does not require the
judges to certify the reason for assisting
an elector, and tlie words "for illegibility
of voter" were therefore surplusage; and
in the absence of a showing why they
gave assistance, it will be presumed that
they regularly performed their official du-
ties. Carwile v. Jones, 38 M 590, 599 101
P 153.

23-3610. Marking precinct register book before elector votes — pro-
cedure. (1) The election judges at every general or special election shall,
in the precinct register book, mark a cross (X) upon the line opposite
to the name of the elector.

(2) Before an elector is permitted to vote, the election judges shall
require the elector to sign his name on the place designated in the precinct
register.

(3) The election judges shall require an elector not able to sign his
name to produce two (2) electors who shall make an affidavit before the
election judges, or one (1) of them, in a form prescribed by the secretary
of state.

(4) The affidavit shall be filed by the election judges, and returned to
the registrar with the returns of the election. One (1) of the judges shall
write the elector's name, note the fact of his inability to sign, and the
names of the two (2) electors.

(5) If tlie elector fails or refuses to sign his nam(>, and if unable
to write fails to procure two (2) electors who will take tlie onth required,
he sliall not be allowed to vote.

((!) Iiiiniediatei^' after the canvass of the returns, the election judges
shall deliver to the registrar the official register, sealed, with t!ie election
returns and pollbook which have been used for the election.

233

23-3611 ELECTIONS

(7) Each precinct shall keep a list of persons voting, and the name of
each person who votes shall be entered in it and numbered in the order
voting. This list is known as the pollbook.
History: En. Sec. 110, Ch. 368, L. 1969.

23-3611. Grounds of challenge. A person offering to vote may be orally
challenged by any elector of the county, upon the following grounds:

(1) That he is not the person whose name appears on the register or
checklist;

(2) That he has been adjudicated insane or is confined to a state
institution ;

(3) That he has voted before that day;

(4) That he has been convicted of a felony and has not been pardoned.

History: En. Sec. Ill, Ch. 368, L. 1969. Cross-References

Challenges at nominating elections, sec.
94-1446.

23-3612. Proceedings on challenges for want of identity, having voted
before, and conviction of felony. (1) If the challenge is on the ground
that the person is not the person whose name appears on the official
register, the election judges shall administer the following oath : "You do
swear (or affirm) that you are the person whose name is entered on the
official register and precinct list."

(2) If the challenge is on the ground that the person has voted before
that day, the judges shall administer this oath : "You do swear (or affirm)
that you have not before voted this day."

(3) If the challenge is on the ground that the person has been convicted
of a felonj^ the judges shall administer the following oath : "You do swear
(or affirm) that you have not been convicted of a felony."

History: En. Sec. 112, Ch. 368, L. 1969.

23-3613. Challenges, how determined. (1) Challenges on the grounds
that the person is not the person whose name appears on the official regis-
ter or that the person has before voted that day are determined in favor of
the person challenged by his taking the oath tendered.

(2) A challenge that the person has been convicted of a felony and
not pardoned must be determined in favor of the challenged on his taking
the oath tendered, unless the conviction is proved by producing an authenti-
cated copy of the record, or by oral testimony of two (2) witnesses.

(a) If a person convicted of a felony states he was pardoned, he must
exhibit his pardon or certified copy to the election judges.

(b) If the pardon is found sufficient, the election judges shall admin-
ister this oath: "You do swear (or affirm) that you have not been convicted
of any felony other tlian that for which a pardon is now exhibited."

(c) After taking the oath, the person must be allowed to vote if other-
wise qualified, unless a conviction of some other felony is proved.

History: En. Sec. 113, Ch. 368, L. 1969.

23-3614. If a person refuses to be sworn, vote to be rejected. If a

person clialleiigcd refuses to t;ike tlie oatli tendered, or refuses to be sworn

234

CONDUCT OF ELECTIONS 23-3618

and to aiiswoi- the questions toueliing the matter of residence, he shall not_
be allowed to vote.
History: En. Sec. 114, Ch. 368, L. 1969.

23-3615. Trial of challenges. Challenges for causes other than those
specified in this chapter must be tried and determined by the election
judges at the time of the challenge.
History: En. Sec. 115, Ch. 368, L. 1969.

23-3616. Proceeding's upon determination of challenges. If the chal-
lenge is determined against the person ofifering to vote, the ballot shall,
without examination, be destroyed by the election judges in the presence
of the person offering the challenge. If determined in his favor, the ballot
must be deposited in the ballot box.
History: En. Sec. 116, Ch. 368, L. 1969.

23-3617. List of challenges to be kept. The election judges shall re-
quire each election clerk to keep a list showing:

(1) The names of all persons challenged;

(2) The grounds of each challenge;

(3) The determination of the election judges upon the challenge.
History: En. Sec. 117, Ch. 368, L. 1969.

23-3618. Poll watchers — announcement of voter's name. The election
judges shall permit one (1) poll watcher from each political party to station
himself close to the poll lists in a location that does not interfere with elec-
tion procedures. At the time that each elector signs his name, one (1) of
the election judges shall pronounce the name loud enough to be heard
by the poll watchers. A poll watcher who does not understand the pro-
nunciation has the right to request that the judge repeat the name. Poll
watchers shall also be permitted to observe all of the vote-counting pro-
cedures of the judges and all entries of the results of the elections.
History: En. Sec. 118, Ch. 368, L. 1969.

CHAPTER 37

ABSENTEE VOTING AND EEGISTEATION

Section

23-3701. Voting by elector when absent from place of residence or physically in-
capacitated from going to polls.

23-3702. Forms and rules for absentee voting in school district elections.

23-3703. Application of absentee or physically incapacitated person for ballot.

23-3704. Form of application — affidavit — manner.

23-3705. Transmission of application to county clerk — delivery of ballot.

23-3706. Mailing ballot to elector — aflftdavit — electors in the United States service.

23-3707. Marking and swearing to ballot by ok-ctor.

23-3708. Disposition of marked ballot upon receipt by registrar or clerk.

23-3709. Delivery of ballots to election judges — ballots to lie rejected — ballots not to
count.

23-3710. Eegistrar or clerk to keep record of ballots nnd ishsue certificate.

23-3711. Duty of eh'ction judges- — polDtooks, numbering ballots and rejected ballots.

23-37 J 2. Voting before election day by piospective absentee or pliysiciilly incapaci-
tated elector.

235

23-3701 ELECTIONS

23-3713. Envelopes containing ballots — deposit in box and rejection of ballot-

23-3714. Elector whose absentee ballot has been rejected as defective may vote in

person.

23-3715. Opening of envelopes after deposit,

23-3716. Voting machines — canvass of votes.

23-3717. False swearing perjury — official misconduct a misdemeanor.

23-3718. "Elector in the United States service" defined.

23-3719. Registration of absent electors in United States service.

23-3720. Oath for elector in United States service.

23-3721. Classification of federal post card application.

23-3722. Method of registration of voter absent from county.

23-3723. Registration card mailed upon application.

23-3701. Voting- by elector when absent from place of residence or
physically incapacitated from going to polls. A qualified registered elector
who will be absent from the county or physically incapacitated and unable
to go to the polls on the day of election may vote as provided in sections
23-3701 through 23-3723.
History: En. Sec. 119, Ch. 368, L. 1969.

DECISIONS UNDER FORMER LAW

Constitutionality sided in the state one year immediately

Prior Absent Voters Law was valid preceding this election at which he offers

enactment and did not violate section 2, ^o vote." Goodell v. Judith Basin County,

article IX of the state constitution, which 70 M 222, 227, 224 P 1110.
provides that an elector "shall have re-

23-3702. Forms and rules for absentee voting in school district elec-
tions. The state superintendent of public instruction shall prepare the
form of application for absentee ballots and other forms necessary for
school district elections and may make necessary rules to carry out the
purpose of this chapter as it pertains to school districts.
History: En. Sec. 120, Ch. 368, L. 1969.

23-3703. Application of absentee or physically incapacitated person for
ballot. During a period beginning forty-five (45) days before the day of
an election and ending at 12 noon on the day before the election, an
elector expecting to be absent from the county in which his voting precinct
is situated, an elector in United States service, or an elector who will
be unable to go to the polls because of physical incapacity may apply to
the registrar or city clerk for an absentee ballot.
History: En. Sec. 121, Ch. 368, L. 1969.

23-3704. Form of application — affidavit — manner. (1) Application
for absentee ballots shall be made on a form furnished by the registrar of
the county of which the applicant is an elector, the city clerk, or clerk of a
first class school district. The form shall be prescribed by the secretary of
state except as provided in section 23-3702.

(2) The applicant shall subscribe the application and swear to it be-
fore an officer authorized to administer oaths. Tlio application is not
complete without this affidavit.

(3) Application for an absentee ballot may be made by any elector in
the United fStates service by tlie federal post card application or by any

236

ABSENTEE VOTING AND REGISTRATION 23-3707

written rei^ie^t signed by the applicant, addressed to the registrar of the
applicant's residence.
History: En. Sec. 122, Ch. 368, L. 1969.

23-3705. Transmission of application to county clerk — delivery of ballot.
(1) The elector shall forward the application by mail or deliver it in
person to the registrar.

(2) The registrar shall compare the signature on the application witli
the applicant's signature on the registration card. If convinced the person
making the application is the same as the one whose name appears on the
registration card, he shall deliver the ballot.
History: En. Sec. 123, Ch. 368, L. 1969.

23-3706. Mailing" ballot to elector — affidavit — electors in the United
States service. (1) Either upon receipt of the application or immediately
after the official ballot for the precinct of the applicant's residence has been
printed, the registrar, city clerk, or clerk of a first class school district shall
send by mail, postage prepaid, whatever official ballots are necessary.

(2) The proper officer shall enclose an envelope with the ballots which
has written on the front the name, title, and post-office address of the officer
sending it, and upon the other side a printed affidavit in a form prescribed
by the secretary of state.

(3) Both the envelope in which the ballot is mailed to an elector in
the United States service and the return envelope shall have printed
across the face two parallel horizontal red bars, each one-quarter (%)
inch wide, extending from one side of the envelope to the other, with an
intervening space of one-quarter (i/4) inch, with the words "Official Elec-
tion Ballot Material — via Air Mail," between the bars. In the upper
right-hand corner shall be printed "Free of U.S. Postage." In the upper
left-hand corner shall be blanks sufficient for the recipient to place his
return address. All printing on the face of the envelope shall be in red.

(4) The return address shall be self-addressed to the registrar or
city clerk.

(5) Instructions for voting shall be enclosed with the ballots for

electors in the United States service.

History: En. Sec. 124, Ch. 368, L. 1969. electors to apply therefor and request that

such ballots be delivered to such person,
Improper Delivery were void and could not be voted at ensu-

Absent voter's ballot delivered by coun- ing election. State ex rel. Van Horn v.

ty clerk not to electors personally or by Lyon, 119 M 212, 173 P 2d 891, 895.

mail, but to one engaged in procuring

23-3707. Marking and swearing" to ballot by elector. (1) The elector
shall complete the affidavit before an officer authorized by law at the place
of execution to administer oaths.

(2) The elector shall mark each ballot in the presence of the officer
only, in a manner so the officer cannot see the vote.

(3) The ballot shall be folded by the elector to conceal the vote in
the presence of the officer and the elector shall, in the officer's presence,
place it in the envelope and seal it.

237

23-3708 ELECTIONS

(4) Tlie ofiQcer shall sigu at the end of the certificate and affidavit.

(5) The elector shall mail the envelope, postage prepaid, or deliver
it to the registrar, city clerk, or clerk of a first class school district.

History: En. Sec. 125, Ch. 368, L. 1969.

23-3708. Disposition of marked ballot upon receipt by registrar or clerk.

(1) Upon receipt of the envelope, the registrar, city clerk, or clerk of a
first class school district shall immediately enclose it in a larger envelope,
together with the elector's application and seal it.

(2) The registrar, city clerk, or clerk of a first class school district
shall safely keep it in his office until delivered or mailed by him.
History: En. Sec. 126, Ch. 368, L. 1969.

23-3709. Delivery of ballots to election judges — ^ballots to be rejected —
ballots not to count. (1) If the absentee ballot is received prior to de-
livery of the official ballots to the election judges, the registrar or clerk
shall deliver the larger envelope to the judges at the same time the ballots
are delivered.

(2) If absentee ballots are received after the ballots are delivered to
the election judges, the registrar or clerk shall immediately deliver the
larger envelopes by mail postage prepaid to the judges.

(3) If absentee ballots are received by the registrar or clerk for which
application was not received prior to 12 noon on the day preceding an
election, the clerk shall endorse upon the voter's envelope the date and
exact time of receipt and the words "To be rejected." Absentee ballots
so endorsed shall be delivered to the election judges of the precinct and
shall be rejected.

(4) If an elector votes absentee ballot and dies between the time of
balloting and election day, his ballot will not count.

History: En. Sec. 127, Ch, 368, L. 1969.

23-3710. Registrar or clerk to keep record of ballots and issue cer-
tificate. (1) The absentee ballots delivered shall be regular official ballots
beginning with ballot number one (1) and following consecutively, accord-
ing to the number of applications for absentee ballots.

(2) The registrar, city clerk, or school district clerk shall keep a
record of all absentee ballots delivered, as well as of ballots marked before
him.

(3) The registrar, city clerk, or school district clerk shall deliver
to the election judges to whom the ballots are delivered a certificate
stating the number of absentee ballots delivered as well as those marked
before him, and the names of the voters to whom such ballots are de-
livered, or by wliom they have been marked if marked before him.

History: En. Sec. 128, Ch. 368, L. 1969.

23-3711. Duty of election judges — poUbooks, numbering ballots and
rejected ballots. (1) The election judges, at the opening of the polls,
shall note on the poUbooks opposite the numbers corresponding to the

238

ABSENTEE VOTING AND REGISTRATION 23-3713

number of absentee ballots issued the fact that the ballots were issued
and reserve the numbers for the absent or physically incapacitated voters.
The notation may be made by writing the words "absent or physically in-
capacitated voters" opposite the numbers.

(2) The election judges shall insert only the names of the elector en-
titled to each particular number according to the certificate of the registrar
or city clerk and the number of his ballot.

(3) Any absentee ballots which have been rejected shall be placed
with the voter's application and the absent or physically incapacitated
voter's envelope furnished by the registrar or city clerk.

(a) This envelope shall be sealed and endorsed by the words, "re-
jected absentee ballots," numbered , and shall put on it the number of

the absentee ballots given according to the registrar's or city clerk's cer-
tificates.

(b) There shall be a separate enclosing envelope for the absentee
ballots rejected, and the envelopes shall be placed in an envelope together
with other ballots, and shall not be opened without a court order.

History: En. Sec. 129, Ch. 368, L. 1969.

23-3712. Voting before election day by prospective absentee or physi-
cally incapacitated elector. (1) An elector who is present in his county
after the official ballots of his county or school district have been printed
who has reason to believe that he will be absent from the county or school
district or physically incapacitated on election day, may vote before
election day before the registrar, city clerk, or school district clerk, or
some officer authorized to administer oaths and having the official seal.

(2) The provisions of this chapter apply to such voting.

(3) If the ballot is marked before the registrar, city clerk, or school
district clerk, he shall deal with it in the same manner as if it had
come by mail.

History: En. Sec. 130, Ch. 368, L. 1969.

23-3713. Envelopes containing ballots — deposit in box and rejection of
ballot. (1) While the polls are open on election day, the election judges
shall first open the outer envelope only, and compare the signature of the
voter on the application and on the affidavit.

(2) If the election judges find that the signatures correspond, that the
affidavit is sufficient, and that the absentee elector is qualified and has not
yet voted, they shall open the absentee voter's envelope and take out the
ballot or ballots and, without unfolding it or permitting it to be examined,
ascertain whether the stub is still attached and whether the number corre-
sponds to the number in the certificate of the registrar or city clerk.

(3) If so, they shall endorse it the same way that other ballots are
endorsed, detach the stub, deposit the ballots in the proper ballot boxes,
and make entries in their election records to show the elector has voted.

(4) If the affidavit is found defective, the numbers do not correspond,
or the voter is unqualified, the election judges, without opening the
absentee ballot, shall mark across the face of it "rejected as defective"
or "rejected as not an elector."

239

23-3714 ELECTIONS

(5) The absentee ballot envelope, when it has been voted or rejected,
shall be deposited in the ballot box containing the general or part}' ballots,
and shall be retained and preserved in the manner provided for official
ballots.

(6) If, upon opening the absentee ballot envelope, it is found that the
stub of any ballot has been detached, or that the number does not correspond
to the number on the certificate of the registrar or clerk, the ballot shall

be rejected. It shall be marked on back as "rejected for ," filling

the blank with the reason. This statement shall be dated and signed by
a majority of the election judges.

(7) The rejected ballots, together with the absentee ballot envelope
bearing the application shall be enclosed in an envelope, sealed, and the
judges shall write on the envelope, "rejected ballot of absentee voter"
(writing in the elector's name). "The rejected ballot(s) is (are) "

(8) The election judges shall designate the rejected ballot as "general
ballot," if it is a ballot for candidates that are rejected.

(9) If the rejected ballot is on a question submitted to the vote of

the electors, the judges shall designate it as ballot question No

in the certificate on the envelope.

(10) A separate enclosing envelope shall be used for each absentee
ballot rejected. This envelope shall be placed in the envelope in which
the other ballots voted are required to be placed and shall not be opened
without a court order.

(11) The registrar or clerk shall provide and deliver to the election

judges suitable envelopes for enclosing rejected absentee ballots.

History: En. Sec. 131, Ch. 368, L. 1969. posited in the ballot box before the clos-
ing of the polls on election day, and this
Voting Accomplished is equally true for absent voters. Maddox

Voting is accomplished not merely by v. Board of State Canvassers, 116 M 217,

marking the ballot, but by having it de- 223, 149 P 2d 112.

livered to the election officials and de-

23-3714. Elector whose absentee ballot has been rejected as defective
may vote in person. If the envelope containing the absentee ballot has
been marked "rejected as defective" and deposited in the ballot box, the
elector appearing has the same right to vote as if he had not attempted to
vote as an absent or physically incapacitated voter. If voting machines
are used, he shall vote by machine as other voters.
History: En. Sec. 132, Ch. 368, L. 1969.

23-3715. Opening of envelopes after deposit. If an envelope containing
an absentee ballot has been deposited unopened in the ballot box, the en-
velope shall be opened without a court order and the ballot cast.
History: En. Sec. 133, Ch. 368, L. 1969.

23-3716. Voting machines — canvass of votes. (1) In precincts where
voting machines are used, the registrar, city clerk, or clerk of a school
district shall print and provide ballots in official form for possible absent
or physically incapacitated voters, and also pollbooks and ballot boxes
required for precincts in which printed ballots are used.

240

ABSENTEE VOTING AND REGISTRATION 23-3720

(2) Absentee btillots received in those precincts shall be handled as
provided in this chapter.

(3) In making the official canvass, the votes cast by absentee ballot
shall be added to the votes cast on the voting maeliincs.

History: En. Sec, 134, Ch. 368, L. 1969.

23-3717. False swearing perjury — ofBcial misconduct a misdemeanor.

(1) If a person willfully swears falsely to any affidavit ho is guilty of
perjury.

(2) If the registrar, clerk, or any election officer:

(a) Refuses or neglects to perform any duties prescribed by this act,

(b) Makes false statements in his certificate regarding affidavits,

(d) Allows any person other than the voter to be present at the
marking of such ballot,

(e) Sees any marks made by the voter on the ballot, he is guilty
of a misdemeanor and upon conviction shall be fined not more than five
hundred dollars ($500), imprisoned in the county jail for not more than
six (6) months, or both.

History: En. Sec. 135, Ch. 368, L. 1969.

23-3718. "Elector in the United States service" defined. "Elector in
the United States service" means:

(1) A member of the armed forces in the active service, and his
spouse and dependents;

(2) A civilian employee of the United States in all categories serving
outside the territorial limits of the several states of the United States or
in the District of Columbia and his spouse and dependents when residing
or accompanying him;

(3) A member of a religious group or welfare agency assisting members
of the armed forces of the United States who are officially attached to and
serving the armed forces, and his spouse and dependents.

History: En. Sec. 136, Ch. 368, L. 1969.

23-3719. Registration of absent electors in United States service. (1)

An elector in United States service who is abent from the state is entitled
to register by mailing to the registrar a federal post card application filled
out and signed under oath.

(2) The form of the federal post card application, which may be used
both as an application for registration and for a ballot, shall be prescribed
by the secretary of state.

History: En. Sec. 137, Ch. 368, L. 1969.

23-3720. Oath for elector in United States service. (1) Any oath re-
quired for electors in the United States service to register, request a ballot,
or vote, may be administered and attested, within or without the United
States, by any commissioned officer in active service, or any civilian official
empowered by state or federal law to administer oaths.

241

23-3721 ELECTIONS

(2) No official seal is required to be affixed to the oath and neither the
elector nor the certifying officer need disclose his whereabouts at the
time of taking the oath except to the extent required by the federal post
card application.
History: En. Sec. 138, Ch. 368, L. 1969.

23-3721. Classification of federal post card application. (1) Upon re-
ceipt by the registrar of a federal post card application properly filled
out and signed under oath, the registrar shall classify the application ac-
cording to the precinct in which the elector resides and arrange the cards
in each precinct in alphabetical order.

(2) The registrar shall, upon receipt of any federal post card applica-
tion, immediately enter upon the official register of the county in the
proper precinct the full information given by the elector.

(3) If an elector in the United States service has not already re-
quested an absentee ballot, the registrar shall, immediately upon entry
in the official registry of the name of the elector send to him by the fastest
mail service available a notice that he has been registered and informing
him that in order to secure a ballot he must mail at any time within forty-
five (45) days preceding the election another federal post card application
to his registrar or city clerk.

History: En. Sec. 139, Ch. 368, L. 1969.

23-3722. Method of registration of voter absent from county. (1) An

elector who is unable to make personal application for registration by reason
of being absent from the county, may register to vote prior to the close
of registration before any election, by appearing, executing and verifying
under oath, before a notary public or other officer empowered to administer
oaths, at any place within the United States, a registration card as provided
in sections 23-3701 through 23-3723.

(2) He must return the card in sufficient time to reach the registrar
before the close of registration.

(3) The elector's name may not be entered in the official register
until at least two (2) registered electors of the county in which the elector
desiring to be registered has his place of residence as stated in his applica-
tion for registration, appear before the registrar and make affidavits in
writing, stating that they are personally acquainted with the applicant,
are familiar with and know his signature, and have seen him write and
that the signature subscribed to the application or [for] registration is
the signature of the elector.

History: En. Sec. 140, Ch. 368, L. 1969.

23-3723. Registration card mailed upon application. (1) The registrar
of the county of the elector's legal residence shall furnish to any elector
applying, whether application be made by mail, telegram or telephone, a
registration card.

(2) The card shall be sent postage prepaid by the registrar to the
address furnished by the elector at the time of making his application.
History: En. Sec. 141, Ch. 368, L. 1969.

242

VOTING MACHINES 23-3801

CHAPTER 38

VOTING MACHINES

Section

i!3-3801. Voting machines — secretary of state.

23-3802. Specifications of machines recjiiired.

23-3803. Providing voting machines — payment.

23-3804. Preparation of machines for use.

23-3803. Write-in ballots.

23-3806. Placement of machines — time voter to remain in booth — election board

make-up.

23-3807. Eegistrar to instruct election judges.

23-3808. Publication of information concerning machines.

23-3809. Voting nuichine to be exhibited.

23-3810. Furnishing samples and supplies,

23-3811. Registry lists — provision for number of each ballot.

23-3812. Assistance to illiterate, blind or physically disabled voters.

23-3813. Counting the votes.

23-3814. Procedure after count is ascertained.

23-3815. Disposition of write-in ballots and tally sheets.

23-3816. Return sheets — contents.

23-3817. Experimental use of machines.

23-3818. Machine breakdowns — electors may vote by paper ballot upon request.

23-3819. Use of separate paper ballots for voting on certain money issues where

machines do not allow proper lockout.

23-3820. Penalty for tampering with or injuring machines.

23-3821. Penalty for fraudulent returns or certificates.

23-3822. Applicability of election laws in general where not in conflict with this

chapter.

23-3801. Voting machines — secretary of state. (1) Before any voting
machine can be used, the secretary of state shall :

(a) Examine the machine to determine if it complies with the require-
ments of sections 23-3801 through 23-3822.

(b) Within thirty (30) days after examining a machine, file a report
in his office on each machine examined;

(e) Within five (5) days after filing the report, transmit to the com-
missioners, city council, or other board having control of elections in each
county or city a list of the machines approved.

(2) A machine shall not be used unless approved by the secretary
of state sixty (60) days or more prior to the election.

(3) The secretary of state may employ qualified mechanics who are
electors to assist him in duties required by this chapter and compensate
them.

(4) The person or company submitting a machine for examination
before the filing of the report shall pay the compensation and expenses
of mechanics connected with the examination to the secretary of state for
deposit in the state general fund.

History: En. Sec. 142, Ch. 368, L. 1969.

DECISIONS UNDER FORMER LAW

Constitutionality ing employed not to designate a piece of

Prior voting machine law was not in- Paper, but a method to ensure, so far as

valid as in contravention of section 1, possible, the secrecy and integrity of the

article IX of the constitution of Montana POP"^-^/,^^,^,- ^t^ltf ^L^'^i" -^''""" ""• ^^^**
which provided that all elections shall be "ig> 53 M 3/1, 37/, 163 P 1156.
"by ballot"; the term "ballot" be-

243

23-3802 ELECTIONS

23-3802. Specifications of machines required. (1) A niacliine or ma-
chine yysteni niiiy not be approved unless:

(a) An ok'ctor can vote in secrecy as lie is eiilith-d to vote by law;

(b) An elector is i)revented from votiiij,' for any candidate or upon any
question more than once and is also prevented from voting for any person
or on any proposition, if he is not entitled to vote;

(d) Every vote cast is registered and recorded.

(2) The candidates for president and vice-president shall appear on
the machine ballot. Presidential electors shall not appear on the machine.

(3) The machine or machine system must be constructed so that it
cannot be tampered with for a fraudulent purpose and must also be con-
structed so that during the progress of the voting no person can see or
know the number of votes registered for any candidate or on any proposi-
tion.

History: En. Sec. 143, Ch. 368, L. 1969. cast it and have it counted as cast, and

which cannot be tampered with or manip-

Tampering with Machine ulated in such a way that, though properly

Act does not require a voting machine operated by the elector, it would seem to

which will he proof against all tampering receive and record his vote without doing

or manipulation, but one which, when hon- so. State ex rel, Fenner v. Keating, 53

estly operated, will enable an elector to M 371, 381, 163 P 1156.
secretly cast his vote as he wishes to

23-3803. Providing voting machines — payment. (1) Commissioners
and councils may provide approved voting machines as practicable,

(2) Not later than September 10, prior to a general election, the com-
missioners or council of a city may unite two (2) or more precincts to use
a voting machine. Notice of the consolidation shall be given as provided
by law for the change of election districts.

(3) Funds for voting machines may be provided by interest-bearing
bonds, certificates of indebtedness, or other obligations. The term of
the bonds, certificates, or other obligations may not exceed ten (10) years
and they shall not be issued or sold at less than par.

History: En. Sec. 144, Ch. 368, L. 1969.

23-3804. Preparation of machines for use. (1) The registrar or city
clerk shall put the proper ballots upon each voting machine corresponding
with the sample ballots. The registrars or city clerks shall also:

(a) Set, adjust, and put the machines in order;

(b) Deliver the machines to the precincts together with necessary
furniture and appliances ;

(2) In primary elections a separate row or column shall be assigned
to each political party and at least one (1) row shall separate the rows
assigned to the two (2) major political parties. This row shall be used for
the nonpartisan judicial ballot.

244

VOTING MACHINES 23-3807

(3) In f;:cneral elections the ballot sliall be arranjj^ed and the names
of the candidates rotated to conform as nearly as possible to the require-
ments for paper ballots.

(4) Candidates of the two (2) major parties shall be rotated between
the first two (2) horizontal rows or vertical columns, and candidates of
minor parties and independent candidates shall be rotated between suc-
ceeding rows or columns.

(5) The party designation of each candidate shall appear below his
name in type as large as machine design will allow.

(6) The judicial ballot shall appear in the first two (2) horizontal or
vertical rows or columns as prescribed by section 23-3513.

(7) The election judges shall compare the ballots on the machine
with sample ballots, ensure that all counters are set at zero and the
machine is in order. They shall not thereafter permit the machine to
be operated or moved except by electors voting. They shall also see that
arrangements are made for voting write-in ballots on the machine, if the
machine is so arranged.

History: En. Sec. 145, Ch. 368, L. 1969.

23-3805. Write-in ballots. (1) If a voting machine allows registry
or recording of votes for candidates whose names are not on the official
ballot, these ballots are write-in ballots.

(2) A person whose name appears on a ballot shall not receive votes
for the same office on a device for casting a write-in ballot.

History: En. Sec. 146, Ch. 368, L. 1969.

23-3806. Placement of machines — time voter to remain in booth — elec-
tion board make-up. (1) The exterior of the voting machines and every
part of the polling place shall be in plain view of the election judges.

(a) The machines shall be placed so that other persons on the
premises cannot see how the voter casts his vote.

(b) The election judges shall not permit any person to remain in any
position that would permit him or them to see how the voter votes or
has voted.

(c) A voter shall not remain within the voting machine booth or
compartment longer than is reasonably necessary to vote. If he refuses
to leave, the election judges shall remove him.

(2) The election board of a precinct in which a voting machine is
used consists of three (3) election judges and any special board of election
judges appointed to count absentee ballots. If more than one (1) machine
is used, one (1) additional election judge shall be appointed for each
additional machine.
History: En. Sec. 147, Cli. 368, L. 1969.

23-3807. Registrar to instruct election judges. (1) Before each elec-
tion, the registrar shall instruct all election judges in the use of the ma-
chine and their duties. He shall give to each election judge that has re-

245

23-3808 ELECTIONS

ceived instruction, and is fully qualified to conduct the election with the
machine, a certificate to that effect.

(2) The registrar shall call meetings of the election judges as neces-
sary for instruction. Election judges shall attend meetings as necessary
to receive the proper instructions.

(3) An election judge shall not serve if voting machines are used
unless he has received instruction, is fully qualified to perform duties in
connection with the machine, and has received a certificate to that effect
from the custodian. However, this shall not prevent an emergency ap-
pointment of an election judge.

History: En. Sec. 148, Ch. 368, L. 1969.

23-3808. Publication of information concerning machines. Not more
than ten (10) nor less than three (3) days before an election at Avhich
voting machines are used, the registrar or city clerk shall publish in
a newspaper of general circulation in the county:

(1) A diagram showing the voting machine with official ballot labels;

(2) A statement of the locations where voting machines are on
public exhibition ;

(3) Illustrated instructions on how to vote.
History: En. Sec. 149, Ch. 368, L. 1969.

23-3809. Voting" machine to be exhibited. A voting machine shall be
on exhibition in the office of the registrar or city clerk where A^oting ma-
chines are used. The registrar or city clerk shall demonstrate the voting
machine to any inquiring voter.

History: En. Sec. 150, Ch, 368, L. 1969.

23-3810. Furnishing samples and supplies. (1) Not later than forty
(40) days before an election, the secretary of state shall prepare samples
of the printed matter and supplies named in this section and furnish
one of each to the election officials where machines are used. The samples
shall meet the requirements of the election and the construction of the
machine used.

(2) The registrar or city clerk shall provide supplies for each machine
including :

(a) Written instructions for the election judges on testing and pre-
paring the machines;

(b) A certificate for the election judges to certify that they have
tested and prepared the machine ;

(c) A certificate for the person preparing the machine to certify
that the machine has been examined and is properly prepared for the
election ;

(d) A certificate for party representatives to verify that they have
witnessed the testing and preparation of the machines;

(e) A certificate for the deliverer of the machine to certify that he
has delivered the machines to the polling places in good order;

246

VOTING MACHINES 23-3814

(f) A card stating the penalty for tampering with or injuring a
voting machine;

(g) Two (2) seals for sealing the voting machine;

(h) One (1) envelope with a detachable delivery receipt in which
the keys to the voting machine can be sealed and delivered to the election
otficials having printed on it the designation and location of the election
district, the number of the machine, the number on the protective counter
after the machine has been prepared for the election, and the number
of the seal;

(i) One (1) envelope in which keys to the voting machine can be
returned after the election;

(j) Two (2) statements of canvass for election officers to report the
canvass of votes and other necessary information relating to the election ;

(k) Three (3) complete sets of ballot labels in a form prescribed by
the secretary of state and two (2) diagrams of the face of the machine
with the ballot labels on the machine, each having proper voter in-
structions ;

(1) Six (6) instructions to election judges and six (6) notices of
the instruction meeting;

(m) Six (6) certificates that election judges have attended the
instruction meeting, received instruction, and are qualified to conduct
the machine election.

History: En. Sec. 151, Ch. 368, L. 1969.

23-3811. Registry lists — provision for number of each ballot. If vot-
ing machines are used, the registry lists shall contain a column to enter
the number of each ballot as indicated by the number on the machine
counter. Books or blanks for making poll lists shall not be provided.
History: En. Sec. 152, Ch. 368, L. 1969.

23-3812. Assistance to illiterate, blind or physically disabled voters.

[(1)] A voter who declares he is unable to vote because he cannot read or
■write, is blind, or physically disabled shall be assisted as provided in
section 23-3609.

(2) A person who deceives an elector voting under this section shall
be punished as provided in section 94-1407, R. C. M. 1947.

History: En. Sec. 153, Ch. 368, L. 1969. Compiler's Notes

The compiler has inserted the bracketed
subsection designation "(1)."

23-3813. Counting the votes. When the polls close, the election judges
shall immediately lock the machine or remove the recording device and
open the registering or recording compartments in the presence of any
person desiring to attend. They shall ascertain the number of votes
cast for each candidate, canvass, record, announce, and return the votes
as provided by law.
History: En. Sec. 154, Ch. 368, L. 1969.

23-3814. Procedure after count is ascertained. (1) After the count
is ascertained, the election judges shall place the machine in full view of

247

23-3815 ELECTIONS

the public for one (1) hour so that any person may view the number of
votes cast.

(2) Immediately after the hour has passed, the election judges shall
seal and lock the machine. Unless used in a city primary election or
ordered opened earlier by a court or the county recount board, the
machine shall remain sealed and locked for twenty (20) days.

(3) If a machine has been used in a city primary election, it shall
remain locked and sealed for at least five (5) days, unless opened by
court order.

History: En. Sec. 155, Ch. 368, L. 1969.

23-3815. Disposition of write-in ballots and tally sheets. (1) The
election judges shall return write-in ballots in a sealed package endorsed
"write-in ballots." The election judges shall indicate the precinct and
county and file the package with the registrar or city clerk. Each package
shall be preserved for six (6) months after the election and may be opened
only upon order of a court or the county recount board. At the end of
six (6) months, the package shall be destroyed by the registrar or city
clerk unless a court orders otherwise.

(2) Tally sheets taken from the machine, if any, shall be returned in
the same manner.

History: En. Sec. 156, Ch. 368, L. 1969.

23-3816. Return sheets — contents. Officers who furnish tally sheets
shall also furnish return blanks and certificates to the election officers. The
return sheets shall:

(1) Have each candidate's name designated by the same reference
character that the name bears on the ballot labels and counters and allow
for writing in a vote for the candidate in figures, words, or both ;

(2) Provide for the return of the vote on questions ;

(3) Have a blank for indicating the precinct, ward, number and make
of machine used, and other necessary information ;

(4) Have a certificate to be executed before the polls open by the
election judges stating that all counters except the protective counter, if
an}', and except as otherwise noted, stood at "000" at the beginning of the
election, that all counters were examined before the election, that ballot
labels were correctly placed on the machine and corresponded to the sample
ballot, and other statements as the particular machine may require;

(5) Have a second certificate stating the manner of closing the polls
and verifying the returns ; that the returns are correct ; giving the indication
of the public counter, poll list, and protective counter, if anj-. The certifi-
cate shall specify the procedure of cjinvassiiig the vote and locking tlio
machine and shall be signed by the election officials. The certificate ami
attest of the electiun officers shall upi)ear on each return sheet.

History: En. Sec. 157, Ch. 368, L. 1969.

23-3817. Experimental use of machines. Officials authorized to adopt
voting machines, may provide for the experimental use at an election of

248

VOTING MACHINES 23-3822

;i jnai'liino, apj^roved by tlio socrctary of state, in one (1) or move precincts
witliout a. formal adoption or purchase of the machine. The use at an elec-
tion is valid for all ])iirpos('s as if the machine had been formally adopted.
History: En. Sec, 158, Cli. 368, L, 1969.

23-3818. Machine breakdowns — electors may vote by paper ballot upon
request. (1) If a machine becomes unworkable or unfit for use, voting
shall proceed on another available machine or as in cases where machines
are not used. The registrar shall furnish each voting place with a .supply
of ballots and other supplies to be used in ease of emergency.

(2) Where voting machines are used, an elector may request to vote
by paper ballot instead of using the voting machines. The election judges
shall provide the elector with a paper ballot when requested. Paper ballots
shall be cast and counted by the election judges in the manner provided
by law.

History: En. Sec. 159, Ch. 368, L. 1969.

23-3819. Use of separate paper ballots for voting on certain money
issues where machines do not allow proper lockout. In precincts where
voting machines are used and the machines do not allow proper lockout,
separate paper ballots shall be issued for money issues which do not involve
the question of incurring of a state indebtedness, issuance of state bonds
or debentures other than for refunding, or the levy of a tax for state
purposes.

History: En. Sec. 160, Ch. 368, L. 1969.

23-3820. Penalty for tampering with or injuring machines. Any person
who tampers, disarranges, defaces, injures, or impairs a voting machine
in any way, or who mutilates, injures, or destroys any ballot or any appli-
ance used in connection Avith a voting machine shall be imprisoned in the
state prison for a period of not more than ten (10) years, be fined not
more than one thousand dollars ($1,000), or both.
History: En. Sec. 161, Ch. 368, L. 1969.

23-3821. Penalty for fraudulent returns or certificates. A person who
purposely causes the vote on a machine to be incorrectly taken down as
to the candidate or proposition voted on; who knowingly causes a false
statement, certificate, or return of any kind to be signed or who knowingly
consents to such things being done, shall be imprisoned in the state prison
not more than (10) years, be fined not more than one thousand dollars
($1,000), or both.
History: En. Sec. 162, Ch. 368, L. 1969.

23-3822. Applicability of election laws in general where not in conflict
with this chapter. All laws applicable to elections where voting is not done
by machine, and all penalties prescribed for violations of those laws, apply
to elections and precincts where voting machines are used if they are not
in conflict with the provisions of sections 23-3801 through 23-3821.
History: En. Sec. 163, Ch. 368, L. 1969.

249

23-3901 ELECTIONS

CHAPTER 39
ELECTEONIC VOTING SYSTEMS

Section

23-3901. Purpose of act.

23-3902. Definitions.

23-3903. Use of electronic voting systems — paper ballots may be used upon request.

23-3904. Voting booths — sample ballots — arrangement of ballot information — vvrile-in

ballots — preparation and testing of devices.
23-3905. Procedure upon closing polls.

23-3906. Rules and regulations — specifications for devices and equipment.
23-3907. Applicability of election laws in general where not in conflict with this

chapter.

23-3901. Purpose of act. The purpose of sections 23-3902 through
23-3907 is to authorize the use of electronic voting systems in which the
voter records his votes by means of marking or punching a ballot or one
or more ballot cards, which are so designed that votes may be counted by
data processing machines at one or more counting places.
History: En. Sec. 164, Ch, 368, L. 1969.

23-3902. Definitions. As used in sections 23-3903 through 23-3907, un-
less otherwise specified :

(1) "Automatic tabulating equipment" includes apparatus necessary
to automatically examine and count votes as designated on ballots and
data processing machines which can be used for counting ballots and
tabulating results.

(2) "Ballot card" means a ballot which is voted by the process of
punching.

(3) "Ballot labels" means the cards, paper, booklet, pages or other
materials containing the names of offices and candidates and statements
of measures to be voted on.

(4) "Ballot" may include ballot cards, ballot labels and paper ballots.

(5) "Counting location" means a location selected by the registrar or
city clerk for the automatic processing or counting, or both, of ballots wliich
may be in the same county or in another county.

(6) "Electronic voting system" means a system of casting votes by
use of marking devices and tabulating ballots employing automatic tabu-
lating equipment or data processing equipment.

(7) "Marking device" means either an apparatus in which ballots
or ballot cards are inserted and used in connection with a puncli apparatus
for the piercing of ballots by the voter or any approved device for marking
a paper ballot with ink or other substance which will enable tlie ballot
to be tabulated by means of automatic tabulating equipment.

History: En. Sec. 165, Ch. 368, L. 1969.

23-3903. Use of electronic voting- systems — paper ballots may be used
upon request. (1) Electronic voting systems may be used in elections,
after approval as provided by law, provided that such systems enable the
voter to cast a vote in secrecy for all offices and all measures on which he
is entitled to vote, and that the automatic tabulating equipment may be

250

ELECTRONIC VOTING SYSTEMS 23-3904

set to reject all votes for any office or measure when the number of

votes therefor exceeds the number which the voter is entitled to cast, or

when the voter is not by laAV entitled to cast a vote for the office or
measure.

(2) Electronic voting systems may be used at primary elections pro-
vided the voter can secretly select the party for which he wishes to vote,
and the automatic tabulating equipment will count only votes for the
candidates of one party, and will reject all votes for an office when the
number of votes therefor exceeds the number which the voter is entitled
to cast, and will reject all votes of a voter cast for candidates of more
than one party.

(3) So far as applicable, the procedure provided for voting paper
ballots shall apply.

(4) The governing body of any county or city may, after approval
as provided by law, adopt, experiment with, or abandon any electronic
voting system herein authorized and approved for use in the state, and
may use such system in all or a part of the precincts within its boundaries,
or in combination with paper ballots. It may enlarge, consolidate or alter
the boundaries of the precincts where an electronic voting system is to
be used.

(5) In precincts where an electronic voting system is used, an elector
may request a paper ballot to cast his vote and the election judges shall
supply the elector with the paper ballot when so requested. These ballots
will be cast and counted by the election judges in the manner provided
by law.

History: En. Sec. 166, Ch. 368, L. 1969.

23-3904. Voting booths — sample ballots — arrangement of ballot infor-
mation— write-in ballots — preparation and testing of devices. (1) In pre-
cincts where an electronic voting system is used, a sufficient number of
voting booths shall be provided for the use of such systems and the booths
shall be arranged in the same manner as provided for use with paper
ballots.

(2) The officials charged with the duty of providing ballots, ballot
cards or ballot labels for any polling place shall provide therefor sample
ballots, ballot cards or ballot labels which shall be exact copies of the
official ballots which are caused to be printed by them; said sample ballots
shall be arranged in the form of a diagram showing the front of the mark-
ing device as it will appear after the ballots are arranged therein for
voting on election day. Such sample ballots shall be posted by the election
judges near the entrance of the voting booths and shall be there open
to public inspection during the whole of election day.

(3) The ballot information, whether placed on the ballot or on the
marking device, shall, as far as practicable, be in the order of arrangement
provided for paper ballots except that such information may be in vertical
or horizontal rows, or on a number of separate pages. Ballots for all
questions must be provided in the same manner and must be arranged on
or in the marking device in the places provided for such purpose. Any

251

23-3905 ELECTIONS

voter who spoils his ballot or ballot card or makes an error may return it
to the election board and secure another.

(4) A separate write-in ballot, which may be in the form of a paper
ballot, card or envelope in which the elector places his ballot card after
voting sliall be provided where necessary to permit electors to write in the
names of persons whose names are not on the ballot.

(5) The registrar or city clerk shall cause the marking devices to be
put in order, set, adjusted and made ready for voting when delivered to
the election precincts. Before the opening of the polls the election judges
shall compare the ballots used in the marking device with the sample
ballots furnished, and see that the names, numbers and letters thereon
agree, and shall certify thereto on forms provided for this purpose. The
certification shall be filed with the election returns.

(6) Within five (5) days prior to the election day, the registrar or
city clerk shall have the automatic tabulating equippient tested to ascer-
tain that the equipment will correctly count the votes cast for all offices
and on all measures. Public notice of the time and place of the test shall
be given at least forty-eight (48) hours prior thereto by publication once
in one or more daily or weekly newspapers published in the county, city,
or town using such equipment if a newspaper is published therein, otherwise
in a newspaper of general circulation therein. The test shall be open to
representatives of the political parties, candidates, the press and the
public. The test shall be conducted by processing a pre-audited group of
ballots so punched or marked as to record a predetermined number of
valid votes for each candidate and on each measure, and shall include for
each office one or more ballots which have votes in excess of the number
allowed by law in order to test the ability of the automatic tabulating
equipment to reject such votes. If any error is detected, the cause therefor
shall be ascertained and corrected and an errorless count shall be made
before the automatic tabulating equipment is approved. The test shall
be repeated immediately before the start of the official count of the ballots,
in the same manner as set forth above. After the completion of the count,
the programs used and ballots shall be sealed, retained and disposed of as
provided for paper ballots.

History: En. Sec. 167, Ch. 368, L. 1969.

23-3905. Procedure upon closing polls. (1) In precincts where an
electronic voting system is used, as soon as the polls are closed, the election
judges shall secure the marking devices against further voting. They shall
thereafter open the ballot box and count the number of ballots or envelopes
containing ballots that have been cast to determine that the number of
ballots does not exceed the number of voters shown on the poll or registry
lists. If there is an excess, this fact shall be reported in writing to the
appropriate election officer in charge with the reasons therefor, if known.
The total number of voters shall be entered on the tally sheets. The election
judges shall thereupon count the write-in votes and prepare a return of
such votes on forms provided for this purpose. If ballot cards are used,
all ballots on which write-in votes have been recorded shall be serially
numbered, starting with the number one, and the same number shall be
placed on the ballot card of the voter. The inspectors or other appropriate

252

ELECTRONIC VOTING SYSTEMS 23-3906

precinct election officials shall compare the write-in votes with the votes
cast on the ballot card and if the total number of votes for any office ex-
ceeds the number allowed by law, a notation to that effect shall be entered
on the back of the ballot card and its shall be returned to the counting
location in an envelope marked "defective ballots" and such invalid votes
shall not be counted. So far as applicable, provisions relating to defective
paper ballots shall apply.

(2) The election judges shall place all ballots that have been cast
in the container provided for that purpose, which shall be sealed and
delivered forthwith by the election judges to the counting location or
other designated place, together with the unused, void and defective
ballots and returns.

(3) All proceedings at the counting location shall be under the direc-
tion of the registrar or city clerk under the observation of at least three
election judges designated by the commissioners or city council and shall
be open to the public, but no persons except those employed and authorized
for the purpose shall touch any ballot, ballot container or return. If any
ballot is damaged or defective so that it cannot properly be counted by
the automatic tabulating equipment, a true duplicate copy shall be made
of the damaged ballot in the presence of witnesses and substituted for
the damaged ballot. Likewise, a duplicate ballot shall be made of a
defective ballot which shall not include the invalid votes. All duplicate
ballots shall be clearly labeled "duplicate," shall bear a serial number which
shall be recorded on the damaged or defective ballot and shall be counted
in lieu of the damaged or defective ballot.

(4) The return printed by the automatic tabulating equipment, to
which has been added the return of write-in and absentee votes, shall con-
stitute the official return of each precinct or election district. Upon com-
pletion of the count the returns shall be open to the public.

History: En. Sec. 168, Ch. 368, L. 1969.

23-3906. Rules and regulations — specifications for devices and equip-
ment, (a) The secretary of state, state auditor and president of the
Montana county clerk and recorders association shall constitute a board of
election devices, which shall promulgate rules for the administration of
this section, and shall approve the marking devices and automatic tabulating
equipment used in electronic voting systems.

(b) No marking device or automatic tabulating equipment shall be
approved unless it fulfills the following requirements:

(1) It shall permit and require voting in absolute secrecy.

(2) It shall permit each elector to vote at any election for all persons
and offices for whom and for which he is lawfully entitled to vote, and
no others; to vote for as many persons for an office as he is entitled
to vote for; to vote for or against any question upon Avhich he is entitled
to vote; and to vote, where applicable, for all candidates of one (1) party
or to vote a split ticket as he desires.

(3) It shall permit each elector, at presidential elections, by one (1)
punch or mark to vote for the candidates of that party for presidential
elector as a group.

253

23-3907 ELECTIONS

(4) It shall comply with all other requirements of the election laws
so far as they are applicable,

(5) No electronic voting system presently in use by any county, city
or town in Montana shall be disapproved for use in such county, city or
town by the board, except upon application by the governing body of said
county, city or town.

History: En. Sec. 169, Ch. 368, L. 1969.

23-3907. Applicability of election laws in general where not in conflict
with this chapter. All laws of this state applicable to elections where voting
is done in another manner than by electronic voting systems and all pen-
alties prescribed for violation of such laws, shall apply to elections and
precincts where electronic voting systems are used, in so far as they are
not in conflict with the provisions of sections 23-3901 through 23-3906.
History: En. Sec. 170, Ch. 368, L. 1969.

CHAPTER 40

CANVASS OF VOTES— RETUENS AND CERTIFICATES

Section

23-4001. Votes to be publicly canvassed upon closing of polls.

23-4002. Method of canvass!

23-4003. Counting ballots — pollbooks.

23-4004. Marking rejected ballots.

23-4005. Signing and certifying pollbooks.

23-4006. Items to be sent to registrar by election judges — manner of sending.

23-4007. Disposition of items by registrar.

23-4008. Disposition of items in event of contest.

23-4009. Commissioners as board of county canvassers — meetings — registrar as clerk

of board.

23-4010. Canvassing returns, time of — messenger — certification that polls were not

open.

23-4011. Canvass to be public — nonessentials to be disregarded in counting returns.

23-4012. Statement of the result to be entered of record.

23-4013. Declaration of persons elected — certifying tie.

23-4014. Certificates issued by the clerk.

23-4015. State returns, how made and transmitted.

23-4016. State canvassers, composition and meeting of board.

23-4017. Messenger may be sent for returns.

23-4018. Governor to issue commissions.

23-4019. Defect in form of returns to be disregarded.

23-4001. Votes to be publicly canvassed upon closing polls. When the
polls are closed, the election judges shall immediately canvass the votes.
The canvass shall be public and continue without adjournment until com-
pleted and the result is publicly declared.
History: En. Sec. 171, Ch. 368, L. 1969.

23-4002. Method of canvass. (1) The canvass shall begin by a com-
parison of the pollbooks and the correction of any mistakes until they agree.

(2) The election judges shall take ballots unopened out of the box
to determine whether each ballot is single.

(3) They shall count the ballots to ensure that the number of ballots
corresponds with the number of names on the pollbooks.

254

CANVASS OF VOTES — RETURNS AND CERTIFICATES 23-4003

(4) AJballot which is not endorsed by the official stamp is void and
shall not be counted. A ballot or part of a ballot is void and shall not
be counted if the elector's choice cannot be determined. If part of a ballot
is sufficiently plain to determine the elector's intention, the election judges
shall count that part.

(5) If two (2) or more ballots are folded together to look like a single
ballot, they shall be laid aside until the count is complete. The election
judges shall compare the count with the pollbooks and if a majority
believe that the ballots folded together were voted by one (1) elector,
they must be rejected; otherwise they must be counted.

(6) If the ballots exceed the number of names on the pollbooks
they shall be placed in the box, and one (1) of the election judges shall
publicly draw from the box and destroy unopened ballots equal to the
excess. The election judges shall record in the pollbooks the number of
ballots destroyed.

History: En. Sec. 172, Ch. 368, L. 1969. a ballot showing the intersection of the

"X" outside the square should have been

Determining Elector's Intention counted for contestant, and one showing

Where, from the manner in which a the intersection of the cross squarely on

ballot was marked, it was impossible to the line of the square was properly so

determine the elector's choice, the ballot counted for him. Peterson v. Billings,

was void under prior section, and should 109 M 390, 393, 96 P 2d 922.

not have been counted in an election con- . „ t. n ^ eii„ t.

test. Carwile v. Jones, 38 M 590, 598, 101 Official Stamp on Ballot Stub

P 153. Where ballots had been delivered to

A ballot bearing a rather indistinct "X" electors by the judges of election with the

before contestant's name but sufficient to official stamp apparently in the place in

be discernible should have been counted which the law requires it to be, although

for him where there was no erasure and in reality it was on the stub instead of on

the elector voted for no other candidate the ballot proper, the act of the judges in

for that office; and under the rule that removing the stamp with the stub, thus

the elector's intention must plainly ap- leaving the ballot without the official des-

pear, where the voter marked two squares ignation, did not render the ballots void,

for the office of sheriff, one of which and the same should have been counted,

showed an extra line through the "X" in- Harrington v. Crichton, 53 M 388, 396,

dicating perhaps, that the voter changed 164 P 537.
his mind but for the fact that squares

before the names of other candidates were Scnool Elections

marked similarly, the intention was not The validity of contested school elec-

clear and the ballot should not have been tions is determined by the laws of general

counted. Peterson v, Billings, 109 M 390, elections, including canvassing statute.

392, 96 P 2d 922. Woolsey v. Carney, 141 M 476, 378 P 2d

Under prior section, and the rule that 658.
election laws must be liberally construed,

23-4003. Counting ballots — pollbooks. (1) When the ballots and poll
lists agree, the election judges shall count and determine the votes cast
for each person.

(2) In counting, the ballots shall be opened singly by one (1) of the
election judges and the contents read aloud to the other judges.

(3) As the ballots are read, each clerk must write on a tally sheet
the name of every person voted for and the office, and keep tallies of the
number of votes for each person.

(4) The tally sheets shall be compared and their correctness ascer-
tained, and the clerks, under the supervision of the election judges, shall
immediately write in the pollbooks:

255

23-4004 ELECTIONS

(a) The names of all persons who received votes;

(b) The oflSees for which they received votes;

(c) Total votes received by each person as shown by the tally sheets.
(5) A ballot or vote rejected by the election judges shall not be

included in the count.

History: En. Sec. 173, Ch. 368, L. 1969.

23-4004. Marking rejected ballots. A ballot rejected for illegality shall
be marked by the election judges, by writing across the face "Rejected

on the ground of ," filling the blank with a brief statement

of the reasons for the rejection. The statement shall be dated and signed
by a majority of the judges.

History: En. Sec. 174, Ch. 368, L. 1969.

23-4005. Signing and certifying poUbooks. Immediately after the
votes are counted and the ballots sealed up, the pollbooks shall be signed
and certified to by the election judges and clerks in a form prescribed
by the secretary of state.

History: En. Sec. 175, Ch. 368, L. 1969.

23-4006. Items to be sent to registrar by election judges — manner of
sending. (1) Before they adjourn, the election judges shall enclose
in a strong envelope or package, securely sealed and directed to the
registrar :

(a) The precinct registers,

(b) The lists of persons challenged,

(d) Both of the tally sheets.

(2) The election judges shall enclose in a separate package or en-
velope, securely sealed and directed to the registrar, all unused ballots
with the numbered stubs attached.

(3) The election judges shall enclose in a separate package or en-
velope, securely sealed and directed to the registrar, all ballots voted
including those not counted or allowed, and all detached stubs from ballots
voted. This envelope shall be endorsed on the outside "ballots voted."

(4) Each election judge shall write his name across the seal of each
of the envelopes or packages. The ballot box shall be returned to the
registrar.

(5) The envelopes or packages required by this section shall be de-
livered to one (1) of the election judges chosen by lot, unless otherwise
agreed upon, before they adjourn. The judge shall deliver them to the
registrar in person or by registered mail no later than 10 a. m. on the
day following the election.

History: En. Sec. 176, Ch. 368, L. 1969.

DECISIONS UNDEE FORMER LAW

One Copy To Be Returned one copy of the pollbook. State ex rel.

The law contemplates that the election Lynch v. Batani, 103 M 353, 361, 62 P

board in the precinct will return to the 2a 565.
clerk and recorder but one tally sheet and

256

CANVASS OF VOTES — RETURNS AND CERTIFICATES 23-4010

23-4007. Disposition of items by registrar. (1) When the registrar
receives the packages or envelopes, he shall file those containing the
ballots voted and detached stubs and the unused ballots and keep them
unopened for twelve (12) months. After twelve (12) months, if there is
no contest begun in a court or no recount, he shall burn the envelopes
without opening them or examining their contents.

(2) The registrar shall file the envelopes or packages containing the
precinct registers, certificates of registration, pollbooks, tally sheets, and
oaths of election oflScers. He shall keep them unopened until the com-
missioners meet to canvass the returns. The commissioners shall open
the envelopes or packages.

(3) Immediately after the returns are canvassed, the registrar shall
file the pollbooks, election records, and the papers delivered to the com-
missioners.

History: En. Sec. 177, Ch. 368, L. 1969.

23-4008. Disposition of items in event of contest. If there is a con-
test within twelve (12) months, the registrar shall keep the envelopes or
packages unopened until the contest is finally determined and then destroy
them. If the court has custody of the envelopes or packages as evidence,
they are in the custody of the court and the registrar shall not destroy
them.
History: En. Sec. 178, Ch. 368, L. 1969.

23-4009. Commissioners as board of county canvassers — meetings —
registrar as clerk of board. (1) The commissioners are ex officio a board
of county canvassers and shall meet as the board of county canvassers
at the usual place of meeting of the commissioners within three (3) days
after each election, at 8 a. m. to canvass the returns.

(2) If one (1) or more of the commissioners cannot attend the meeting,
his place shall be filled by one (1) or more county officers in this order:
treasurer, assessor, sheriff, so that the board of county canvassers mem-
bership equals membership on the board of commissioners.

(3) The registrar is clerk of the board of county canvassers.

History: En. Sec. 179, Ch. 368, L. 1969. particular individuals comprising the

board, describing them by name, and as

Change in Membership of Board constituting the board of county canvas-

The members of a county board of can- sers of election returns for a certain coun-

vassers do not necessarily embrace the ty of the state, the particular members of

same officers, but are subject to changes such board at the time in question being

which depend upon circumstances, and a the persons against whom obedience must,

writ of mandate, issued to compel such if necessary, be enforced. State ex rel.

board to reconvene and canvass the re- Leech v. Board of Canvassers of Choteau

turns from an election precinct which they County, 13 M 23, 29, 31 P 879.
had excluded, is properly directed to the

23-4010. Canvassing returns, time of — messenger — certification that
polls were not open. (1) If all returns are in at the time of the meet-
ing, the board of eonnty c-anvassei-s shall immediately canvass the returns.

(2) If all returns are not received, the board shall postpone the
canvass from day to da}- until all returns are received or until tlierc have
been seven (7) postponements.

257

23-4011

ELECTIONS

(3) If the returns from an election precinct have not been received
by the registrar within seven (7) days after an election, he shall im-
mediately send a messenger to the election judges. The messenger must
obtain the returns from the judges and return them to the registrar.

(4) If it appears to the board that the polls were not open in a
precinct, the board shall certify this to the registrar. The registrar shall
enter the certification in the minutes and in the statement required by
section 23-4012.

History: En. Sec. 180, Ch, 368, L. 1969.

23-4011. Canvass to be public — nonessentials to be disregarded in
counting returns. (1) The canvass shall be public. It shall proceed by
opening the returns and determining the vote for each person and each
proposition from each precinct and a declaration of the results.

(2) The returns shall not be rejected if they do not show who ad-
ministered the oath to the election judges or clerks, failure to complete
all the certificates in the pollbooks, or failure of any other act making
up the returns that is not essential to determine for whom the votes
were cast.

History: En. Sec. 181, Ch. 368, L. 1969.

Rejection of Returns

A county board of canvassers has no
authority to inquire into the validity of a
certificate of nomination of a nominee
for office, and therefore, where the elec-
tion returns are genuine and properly cer-
tified, prohibition will not lie to restrain
the board from canvassing such returns
and counting the vote cast for such per-
son upon the ground that the nomination
was invalid. Pigott v. Board of Canvassers
of Cascade County, 12 M 537, 538, 31 P
536.

The duties of a county canvassing board
are ministerial, and such board has no
authority to exclude the returns of an
election precinct, regularly made, upon the
ground that the voting was shown by affi-
davits to be illegal, and, having done so,
may be compelled by mandamus to can-
vass such returns. State ex rel. Leech v.
Board of Canvassers of Choteau County,
13 M 23, 30, 31 P 879. See also State ex
rel. Breen v. Toole, 32 M 4, 10, 79 P 403;
Poe v. Sheridan County, 52 M 279, 288,
157 P 185.

Where a county canvassing board is-
sued a certificate of election to a candi-
date for the legislative assembly after
unlawfully excluding the returns of a par-
ticular precinct, and then adjourned sine
die, such board may be compelled by
mandamus to reconvene and canvass the
returns so excluded, and issue a certificate
of election to the person shown by a
complete canvass to be entitled thereto.
State ex rel. Leech v. Board of Canvassers
of Choteau County, 13 M 23, 31, 31 P 879.

Returns in the pollbook being left blank,
and the certificate thereto not being
properly filled in, are not grounds for
rejecting returns, nor are they such irregu-
larities as will entitle a board of canvass-
ers to reject them. State ex rel. Leech v.
Board of Canvassers of Choteau County, 13
M 23, 31,31 P 879.

It is the duty of the board of canvassers
to procure the check lists and surrendered
lists before rejecting the vote of a pre-
cinct as returned by the pollbooks alone.
State ex rel. Leech v. Board of Canvassers
of Choteau County, 13 M 23, 31, 31 P 879.

23-4012. Statement of the result to be entered of record. As soon
as the results are declared, the clerk of the board shall enter on the
records :

(1) Votes cast in the county;

(2) Names of tlie persons voted for and tlie propositions voted upon;

(3) Office for which cjicli jx-rsoii was voted for;

(4) Votes by precinct for eacli person jiiid for iind against eadi
proposition ;

258

CANVASS OF VOTES — RETURNS AND CERTIFICATES 23-4016

(5) Votes by county for each person, and for and against each
proposition.

History: En. Sec. 182, Ch. 368, L. 1969.

23-4013. Declaration of persons elected — certifying tie. (1) The

board shall declare elected the persons having the highest number of
votes given for each oflSce to be filled in a single county or subdivision
of a county.

(2) If a recount shows that two (2) or more persons received an
equal and sufficient number of votes for the office of state senator or state
representative, the county recount board shall certify this to the governor.

History: En. Sec. 183, Ch. 368, L. 1969. date whom they intended to defeat, re-
^ , ^ ,,, ^ . __ . . ceiving the highest vote cast for any living
Deceased Candidate Receives Majority person, held, on his application for writ
Where a candidate for re-election to a of mandate to compel the county can-
county office died 24 days before election, vassing board to reconvene and cause cer-
his death known generally to electors, but tificate of election issued to him, that
his name placed on ballot and majority write-in candidate elected and entitled to
voted for him supposing to retain his wid- the office. State ex rel. Wolff v. Geurkink,
ow, appointed to fill the vacancy, until 111 M 417, 426, 109 P 2d 1094, 133 ALR
the next general election, a write-in candi- 304.

23-4014. Certificates issued by the clerk. (1) The clerk shall im-
mediately deliver to each person elected a certificate of election signed
by him and authenticated with the seal of the board.

(2) The certificate shall state that the official bond must be filed
within thirty (30) days after notice of election or appointment and that
failure to file the bond vacates the office.

(3) This certificate shall not be issued to persons elected district
judge.

History: En. Sec. 184, Ch. 368, L. 1969. Cross-Reference

County clerk to issue certificate of elec-
tion, sec. 16-1157.

23-4015. State returns, how made and transmitted. (1) After a gen-
eral or special election, the clerk shall make an abstract of the vote for
members of the legislative assembly, for officers elected in the state at
large, and for judicial officers other than justices of the peace.

(2) The clerk shall seal the abstract, endorse it "Election Returns,"
and immediately send it to the secretary of state by registered mail.
History: En. Sec. 185, Ch. 368, L. 1969.

23-4016. State canvassers, composition and meeting of board. Within
twenty (20) days after the election, or sooner if the returns are all
received, the state auditor, state treasurer, and attorney general shall
meet as a board of state canvassers in the office of the secretary of state
and determine the vote. The secretary of state, who is secretary of the
board, shall make out and file in his office a statement of the canvass
and transmit a copy to the governor.
History: En. Sec. 186, Ch. 368, L. 1969.

259

23-4017

ELECTIONS

23-4017. Messenger may be sent for returns. If the returns from all
counties have not been received five (5) days before the meeting of
the board of state canvassers, the secretary of state shall immediately
send a messenger to the registrar of each delinquent county. The regis-
trar shall furnish the messenger with a certified copy of the statement
required by section 23-4012.

History: En. Sec. 187, Ch. 368, L. 1969.

23-4018. Governor to issue commissions. Upon receipt of the state-
ment required by section 23-4016, the governor shall issue commissions
to the persons elected. If the governor has been elected to succeed himself,
the secretary of state shall issue the commission.
History: En. Sec. 188, Ch. 386, L. 1969.

23-4019. Defect in form of returns to be disregarded. No declaration
of an election result, commission, or certificate shall be withheld because
of a defect or informality in the returns of any election if it can be
determined with reasonable certainty the oflBce intended and the person
elected.
History: En. Sec. 189, Ch. 368, L. 1969.

CHAPTER 41

EECOUNTS

Section

23-4101. Recount of votes, order for — application, contents and time for making —
hearing — determination by court.

23-4102. Recount limited to precincts and offices specified in order.

23-4103. Conditions under which recount to be made.

23-4104. Failure to comply with provisions for counting votes, presumption of in-
correctness from.

23-410.5. Ordering in another judge — court not divested of jurisdiction by failure to
hear application within prescribed time.

23-4106. Limitation of recount to certain precincts.

23-4107. Deposit of expense of recount — disposition — compensation of canvassing of-
ficials.

23-4108. Procedure when more than one application for recount made.

23-4109. Manner of recounting ballots.

23-4110. Service of copy of application on candidate originally found to be elected —
hearing.

23-4111. Sealing recounted ballots.

23-4112. Certificates of election, effect of recount on.

23-4113. Determining total vote cast for all candidates for an office.

23-4114. County recount board, board of county commissioners as — absent and dis-
qualified members — clerk.

23-4115. Meeting of board when recount requested.

23-4116. Persons entitled to appear nt recount — opening and recount of ballots.

23-4117. Certification of recount results — transmittal to secretary of state — corrected
abstract of votes — now cortificato of election or nomination.

23-4118. Reconvening state board of canvassers — rccanvass by state board — corrected
abstract of votes — new lert itii'utc of election or nomination.

23-411 9. Tie vote after recount.

2:^412(1. T'roct'dure upon tie vote for United States leiircHeiitative— supreme court
justit-e — district court judge — legislator.

23-4121. Procedure upon tie vote for state cxcciitive officers — counly (ifTicers other
than county commissioner — township officers — commissioners.

23-4122. Expenses of recount.

260

RECOUNTS

23-4101

23-4101. Recount of votes, order for — application, contents and time
for making — hearing — determination by court. [1) Within five (5) ddys
after tlio canvass of election returns, an unsuceessful candidate for any
public ofliice at a general, special, or city election may apply to the
district court of the county where the election was held for an order
directing the canvassing body to make a recount of the votes cast in
any or all of the precincts.

(2) The application shall specify the grounds for a recount and be
verified by the applicant that the matters contained in it are true to the
best of the applicant's knowledge, information, and belief.

(3) Within five (5) days after filing of the application, the judge shall
hear the application and determine its sufficiency.

(4) If the judge finds there is probable cause to believe that the
votes cast for the applicant were not correctly counted, he shall order
the board of county canvassers to assemble within five (5) days after
the order is issued at a time and place fixed by the order. The board
shall meet and recount the ballots as specified in the order.

History: En. Sec. 190, Ch. 368, L. 1969.

Cross-References

Application of Montana Rules of Civil
Procedure to recount proceedings, see M.
E. Civ. P., Eule 81(a), Table A.

Salaries withheld pending contests, sees.
59-508, 59-509.

Application Timely

Where the board was compelled by writ
of mandate to reconvene by the supreme
court and correct its findings with relation
to two candidates for district judge, the
application filed within five days after
the corrected canvass was timely. State ex
rel. Riley v. District Court, 103 M 576,
586, 64 P 2d 115.

Candidate for District Judge

Any unsuccessful candidate, including a
candidate for the office of district judge,
may apply to the district court for a re-
count. State ex rel. Riley v. District Court,
103 M 576, 580, 64 P 2d 115.

Candidates for Legislature

Recount statutes apply to candidates for
the state senate and house of representa-
tives. State ex rel. Ainsworth v. District
Court, 107 M 370, 372, 86 P 2d 5.

Courts cannot try contests for seats in
the legislature or decide issues involved in
such contests, but mandamus lies to com-
pel the court to perform the duty special-
ly imposed upon it by recount statutes,
the election certificate does not ensure
acceptance of a candidate as a member
of either house, but merely furnishes
prima facie evidence that the majority of
voters voted for him. State ex rel. Ains-
worth V. District Court, 107 M 370, 376, 86
P 2d 5.

Function and Jurisdiction of Court

District court committed error in dis-
missing the application for a recount on
the ground that applicant, convicted of a
felony in federal court, lost his citizen-
ship. State ex rel. Stone v. District Court,
103 M 515, 519, 63 P 2d 147.

The court could proceed in any suitable
manner or mode most conformable "to the
spirit" of the code in the absence of spe-
cific direction as to how proceedings shall
be conducted, and was within its jurisdic-
tion in directing canvassers' attention to
sections of the codes covering points in
dispute. State ex rel. Riley v. District
Court, 103 M 576, 587, 64 P 2d 115. (But
see State ex rel. Peterson v. District Court,
107 M 482, 488, 86 P 2d 403, below.)

A recount of ballots is not made in the
presence of the district judge ordering it;
in acting, the board is not required to ask
the advice of the judge as to whether bal-
lots are or are not properly marked, and
he may not give such advice; the board
is in duty bound to "hear all, consider
all, and then decide." State ex rel. Peter-
son V. District Court, 107 M 482, 486, 86
P 2d 403.

The rule that district courts may not
advise boards of county canvassers on
questions arising on a recount of ballots
as to the legality or illegality of ballots
cast, etc., applies also to the supreme
court on application for extraordinary re-
lief by way of writs, and it cannot con-
trol the actions of such boards indirectly
by directions or suggestions to district
courts. (If State ex rel. Riley v. District
Court, 103 M 576, 64 P 2d 115, be open
to a contrary construction it is to that
extent overruled.) State ex rel. Peterson
V. District Court, 107 M 482, 488, 86 P 2d
403.

261

23-4102

ELECTIONS

The law relatiug to proceedings for
election recounts specifically divides the
functions of the court and the canvassing
board. The court determines the grounds
of and necessity for a recount and orders
it done. The board is entrusted with the
duty of making the recount, just as the
judges and clerks of election are entrusted
with the duty of making the count and
certifying thereto in the first place. State
ex rel. Peterson v. District Court, 107 M
482, 485, 86 P 2d 403.

Grounds SuflBcient

Where application for writ of supervi-
sory control set forth that the votes were
not correctly counted, such ground was
sufficient to justify the court in finding
that the votes "might not" have been cor-
rectly counted, and writ accordingly is-
sued directing respondents to order the
recount. State ex rel. Thomas v. Dis-
trict Court, 116 M 510, 511, 154 P 2d 980.

Purpose of Act

The sole purpose of the recount stat-
utes is to determine, in a doubtful case,
whether the official canvass of the vote was
correct, and where the office of state sen-
ator or representative is concerned, the
election certificate does not ensure one's
acceptance as a member of either house,
nor affect the ultimate right to the of-
fice, nor can the recount infringe upon the
assembly's right to judge of the elec-
tions, returns and qualifications of its mem-
bers in contravention of section 9, article
V of the constitution. State ex rel. Ains-

worth v. District Court, 107 M 370, 372,
86 P 2d 5.

Recount Proceeding Not Election Con-
test

A proceeding to obtain a recount of
votes is in no sense of the word an elec-
tion contest, it is absolutely independent
of the law relating to contesting of elec-
tions and either or both remedies are
available. State ex rel. Peterson v. District
Court, 107 M 482, 484, 86 P 2d 403,

Successive Recounts

Where an unsuccessful candidate for
sheriff obtained a recount and was de-
clared elected, and his opponent, the for-
mer successful but then unsuccessful can-
didate also asked for and was granted a
recount, on application for a writ of su-
pervisory control, the five-day limitation
commenced to run from the time the board
of canvassers announced the result of the
first recount, and the application coming
within that time, the court had jurisdiction
to grant the second recount. State ex rel.
Peterson v. District Court, 107 M 482,
485, 86 P 2d 403.

Wrongful Canvass

Eecount statutes do not afford a legal
remedy for an alleged wrongful canvass
by a county canvassing board, and there-
fore does not defeat the right of a citizen
to compel proper performance of their
duty by writ of mandate. State ex rel.
Lynch v. Batani, 103 M 353, 358, 62 P
2d 565.

DECISIONS UNDER FORMER LAW

Constitutionality to due process of law. State ex rel. Riley

Former chapter on recounts was held v. District Court, 103 M 576, 584, 586,
constitutional as to sufficiency of title as

64 P 2d 115.

23-4102. Recount limited to precincts and offices specified in order.

The board of canvassers shall recount votes only in those precincts and for
those offices specified in the court order.
History: En. Sec. 191, Ch. 368, L. 1969.

23-4103. Conditions under which recount to be made. A recount shall
be made under any of the following conditions.

(1) If a candidate other than for the office of district judge is de-
feated by a margin not exceeding one-fourth of one per cent (I/4 of 1%)
of the total votes cast or by a margin not exceeding ten (10) votes, which-
ever is greater, he may within five (5) days after the official canvass
file with the registrar a verified petition stating he believes a recount
will change the result and a recount of the votes for the office or nomina-
tion should be had.

(2) If a candidate is defeated for the office of district judge or an
office voted on in more than one (1) county by a margin not exceeding

262

RECOUNTS

23-4104

one-fourth of one per cent (Y^ of 1%) of the total votes cast for all
candidates for the same position, he may within five (5) days after the
official canvass file a petition with the secretary of state as set forth
in subsection (1) of this section. The secretary of state shall immediately
notify each rej?istrar whose county includes any precincts which voted
for the same office by registered mail and a recount shall be conducted in
those precincts.

(3) If a question submitted to the vote of the people of the state is
decided by a margin not exceeding one-fourth of one per cent (1/4 of 1%)
of the total votes cast for and against the question, a petition as set forth
in subsection (1) of this section may be filed with the secretary of state.
This petition shall :

(a) Be signed by not less than one hundred (100) electors of the
state representing at least five (5) counties of the state and be filed
within five (5) days after the official canvass;

(b) The secretary of state shall immediately notify each registrar
by registered mail of the filing of the petition and a recount shall be con-
ducted in all precincts in each county.

(4) If there is a tie vote, the board making the canvass shall certify
the vote to the registrar if the election took place only in one (1) county
and to the secretary of state for other elections. The registrar or secre-
tary of state shall proceed as if a petition for recount had been filed
under this act. If a tie exists after the recount, the tie shall be resolved as
provided by law.

History: En. Sec. 192, Ch. 368, L. 1969.

DECISIONS UNDER FOEMER LAW

Clerk of District Court

The provisions of the constitution, fix-
ing the terms of judicial officers, are ex-
clusive, and vacancies occur by operation
of law upon the expiration of the terms
designated, even where the people fail to
elect their successors; hence, if, by reason
of a tie vote, there is a failure to elect
the successor of a clerk of a district court
upon the expiration of the incumbent's
term, there is a vacancy which the county
commissioners are authorized to fill by
appointment. State ex rel. Jones v. Foster,
39 M 583, 592, 104 P 860. See also State
ex rel. Paterson v. Lentz, 50 M 322, 336,
146 P 932.

If there is a clause in the constitution
providing that an officer shall hold for a
definite term and until his successor is
elected and qualified, and the people fail
to elect his successor, there is no vacancy,
and he is entitled to hold over until the
people have chosen his successor in the
usual way; but, in the case of judicial

officers, whose terms end at the expira-
tion of a definitely fixed period, the words
"and until his successor is elected and
qualified," refer to those officers only who
were first elected after the adoption of
the constitution; they have no application
to those chosen after such first election.
State ex rel. Jones v. Foster, 39 M 583,
586, 104 P 860.

County School Superintendent

Former chapter governing proceedings
on tie vote did not in terms declare that a
vacancy in office shall occur when there
has been no election to the office by rea-
son of a tie vote. In so far as it related to
officers named in the constitution (county
school superintendent) and the authority
of the county commissioners to fill vacan-
cies therein, it was invalid. State ex rel.
Chcnoweth v. Acton, 31 M 37, 40, 77 P
299. See State ex rel. Jones v. Foster, 39 M
583, 591, 104 P 860.

23-4104. Failure to comply with provisions for counting votes, pre-
sumption of incorrectness from. If it appears from a verified application
that the election judges or clerks failed to comply with the provision of

263

23-4105 ELECTIONS

section 23-4003, that is sufficient cause for believing that the election judges
and clerks did not correctly ascertain the number of votes cast for
the applicant.
History: En. Sec. 193, Ch. 368, L. 1969.

23-4105. Ordering in another judge — court not divested of jurisdiction
by failure to hear application within prescribed time. (1) If the judge
of the district court of the county in which the election is held is for any
reason disqualified from acting, the judge or a supreme court justice shall
order another district judge to hear and determine the application.

(2) The district court shall not lose jurisdiction of the case by failure

to hear and determine the application within the prescribed time, but

shall retain jurisdiction until the cause is finally determined and the final

count is made by the board of county canvassers.

History: En. Sec. 194, Ch. 368, L. 1969. canvass the votes, but it retains jurisdic-
tion of the proceeding until comoletion

Jurisdiction Retained of the canvass, i. e., until the court" is ad-

The jurisdiction of the district court vised thereof. State ex rel. Eiley v. Dis-

before which an application for a recount trict Court, 103 M 576, 587, 588, 64 P 2d

of the votes is filed does not cease when 115,

it orders the board to reconvene and re-

23-4106. Limitation of recount to certain precincts. (1) If the ap-
plication asks for a recount in more than one (1) precinct, but there are
not sufficient grounds for a recount in all precincts, the court shall order
a recount only in the precincts for which sufficient grounds are stated and
shown.
History: En. Sec. 195, Ch. 368, L. 1969. Compiler's Notes

As enacted, this section contained no
subsection (2).

23-4107. Deposit of expense of recount — disposition — compensation of
canvassing officials. (1) The court in its order shall determine the
probable expense of making the recount and the applicant or applicants
asking for the recount shall deposit with the board the amount determined
in cash.

(2) If the recount shows that the applicant or applicants have been
elected to the office, the deposit of each applicant shall be returned
to him.

(3) If the recount shows that an applicant has not been elected and
the expense of the recount is greater than the estimated cost, the applicant
shall pay the excess, but if the expense is less than the cost the difference
shall be refunded to the applicant.

(4) Members of the canvassing board and their clerks shall be com-
pensated for their time spent in canvassing.

History: En. Sec. 196, Ch. 368, L. 1969.

23-4108. Procedure when more than one application for recount made.

If more than one (1) candidate makes application for a recount, the court
may consider the applications together. The court may make separate or

264

RECOUNTS 23-4111

joint orders on the applications and apportion the expenses between the
applicants.
History: En. Sec. 197, Ch. 368, L. 1969.

23-4109. Manner of recounting ballots. Tlie board of canvassers in
recounting the ballots shall count the votes cast, at the same time, in
the precincts in which a recount is ordered for the several candidates
in whose behalf a recount is ordered in the following manner:

(1) The registrar shall produce, unopened, unless it is necessary for
the registrar to open the package or envelope to secure election materials
which have been sealed in the wrong envelope or package, the sealed
package or envelope received from the election judges of the precinct, or
precincts, in which a recount is ordered containing all ballots voted in
the precinct or precincts;

(2) A member of the board of county canvassers shall open the sealed
package or envelope in the presence of the other members, the registrar,
and the applicant or applicants seeking the recount;

(3) A member of the board shall then remove the ballots from the
package or envelope in the presence of the applicant or applicants seeking
the recount and the candidate or candidates Avho receive the highest
number of votes by the first canvass ;

(4) One (1) of the members of the board, in the presence and view
of the candidates and one (1) other board member, shall read each ballot
aloud. As the ballots are read, two (2) clerks shall write the votes cast
for each person in each precinct at full length, on previously prepared tally
sheets showing the names of the respective candidates, the olBfice or offices
for which a recount is made, and the number of each election precinct;

(5) At the completion of the recount, the tally sheets shall be com-
pared, their correctness ascertained, and the total number of votes cast for
each candidate determined;

(6) If the recount shows the votes for any applicant are more or
less than the number shown upon the official returns, the clerk of the
board of canvassers shall correct the original returns to state the num-
ber of votes ascertained by the recount;

(7) The board of canvassers shall direct the clerk to enter the result
of the election as determined by the recount on the board records and the
clerk shall make out and deliver a certificate of election which conforms
to the result of the recount.

History: En. Sec. 198, Ch. 368, L. 1969.

23-4110. Service of copy of application on candidate originally found
to be elected — hearing. The candidate found to be elected as a result
of the original or first canvass shall be served with a copy of the applica-
tion for recount. He shall be given an opportunity to be heard and shall
be permitted to be present and to be represented at any recount ordered.
History: En. Sec. 199, Ch. 368, L. 1969.

23-4111. Sealing recounted ballots. When the recount in a precinct
has been finished, the ballots shall again be sealed in tlie same package

265

23-4112 ELECTIONS

or envelope in the presence of the registrar and the members of the board
of canvassers and shall be delivered to the registrar for custody.
History: En. Sec. 200, Ch. 368, L. 1969.

23-4112. Certificates of election, effect of recount on. If the recount
shows that the person who received the certificate of election according
to section 23-4014 did not receive the highest number of votes, the registrar
shall issue a new certificate to the person receiving the highest number
pursuant to the recount and the first certificate is void. The person receiv-
ing the second certificate shall be elected to the office.
History: En. Sec. 201, Ch. 368, L. 1969.

23-4113. Determining total vote cast for all candidates for an office.

When an elector may vote for two (2) or more candidates for the same
office, the total vote cast for all candidates for the office is the total vote cast
for all candidates divided by the number of candidates officially declared
nominated or elected as shown by the official returns.
History: En. Sec. 202, Ch. 368, L. 1969.

23-4114. County recount board, board of county commissioners as —
absent and disqualified members — clerk. (1) The county recount board
shall always consist of three (3) acting members.

(2) The county recount board is the board of county commissioners.

(3) If one (1) or more of the commissioners cannot attend when the
board meets, his place shall be filled by a county officer in the following
order of appointment: the treasurer, the assessor, the sheriff, the clerk of
court.

(4) If a member of the recount board was a candidate for an office
or nomination for which votes are to be recounted, he shall be disqualified.

(5) The registrar is clerk of the recount board, and the board may hire
additional clerks as needed.

History: En. Sec. 203, Ch. 368, L. 1969.

23-4115. Meeting of board when recount requested. (1) Immediately
upon receiving an application for a recount or notice from the secretary
of state that an application has been filed with him, the registrar shall
notify the members of the county recount board.

(2) The board shall convene at the usual meeting place of the com-
missioners without undue delay but not later than five (5) days after
receiving notice from the registrar.
History: En. Sec. 204, Ch. 368, L. 1969.

23-4116. Persons entitled to appear at recount — opening and recount
of ballots. (1) Each candidate involved in a recount may appear, per-
sonally' or by a representative, and shall have full opportunity to witness
tlie opening of all ballot boxes and the count of all ballots.

(2) If the recount is upon a referred or submitted question, one (1)
qualified elector favoring ('{icli side of the question may be present and
represent his side.

266

RECOUNTS 23-4118

(3) The registrar shall produce, unopened, the sealed package or en-
velope received from the election judges in each election precinct in the
county.

(4) The recount shall proceed as provided in section 23-4109 and as
expeditiously as possible until completed.

History: En. Sec. 205, Ch. 368, L. 1969.

23-4117. Certification of recount results — transmittal to secretary of
state — corrected abstract of votes — new certificate of election or nomination.

(1) Immediately after the recount the county recount board shall certify
the result.

(2) At least two (2) members of the board shall sign the certificate
and it shall be attested to under seal by the registrar.

(3) The certificate shall set forth in substance the proceedings of
the board and appearance of any candidates or representatives, and it
shall adequately designate each precinct recounted, the vote of each precinct
according to the official canvass previously made, nomination, position, or
question involved, and the correct vote of each precinct as determined by
the recount.

(4) "When the certificate relates to a recount for an office, nomination,
position, or question voted upon in more than one (1) county or for judge
of the district court, the certificate shall be made in duplicate. One (1)
copy shall be transmitted immediately to the secretary of state by registered
mail.

(5) If the recount relates to an office, nomination, position, or question
voted upon in only one (1) county, or part of a single county, the county
recount board shall immediately recanvass the returns as corrected by the
certificate showing the result of the recount and make a corrected abstract
of the votes.

(a) If the corrected abstract shows no change in the result, no further
action shall be taken.

(b) If there is a change in the result, a new certificate of election
or nomination shall be issued to each candidate found to be elected or
nominated.

History: En. Sec. 206, Ch. 368, L. 1969.

23-4118. Reconvening state board of canvassers — recanvass by state
board — corrected abstract of votes — new certificate of election or nomina-
tion. (1) When the secretary of state receives certificates from all county
recount boards, he shall file them, and fix a time and place as soon as
possible for reconvening the state board of canvassers, and shall notify
the members.

(2) The state board of canvassers shall recanvass the official returns
on the office, nomination, position or question, as corrected by tlie certificates
and make a new and corrected abstract of the votes cast.

(a) If the corrected abstract shows no change in the results, no further
action shall be taken.

267

23-4119 ELECTIONS

(b) If there is a change in the results, a new certificate of election or
nomination shall be issued in the same manner as the certificate of election
or nomination was previously issued to each candidate elected or nominated.
History: En. Sec. 207, Ch. 368, L. 1969.

23-4119. Tie vote after recount. If the recount shows a tie vote and
it cannot be determined who has been nominated or elected, the office or
position shall be filled as provided by sections 23-4120 and 23-4121.
History: En. Sec. 208, Ch. 368, L. 1969.

23-4120. Procedure upon tie vote for United States representative —
supreme court justice — district court judge — legislator. (1) If there is a
tie vote for United States representative, the secretary of state shall send
a certified statement to the governor showing the votes cast and the governor
shall order a special election.

(2) If there is a tie vote for justice of the supreme court, judge of a
district court, or member of the legislative assembly the secretary of state
shall send a certified statement to the governor showing the vote cast
for each person, and the governor shall appoint an eligible person to hold
office.

History: En, Sec. 209, Ch. 368, L. 1969.

23-4121. Procedure upon tie vote for state executive officers — county
officers other than county commissioner — township officers — commissioners.

(1) If there is a tie vote for governor, lieutenant governor, secretary of
state, attorney general, state auditor, state treasurer, clerk of the supreme
court, superintendent of public instruction, or any other state executive
officer, the legislative assembly, at its next regular session, shall elect a
person to fill the office by joint ballot of the two (2) houses.

(2) If there is a tie vote for clerk of the district court, county attorney,
any county officer except county commissioner, or for a township officer,
the commissioners shall appoint an eligible person as in case of other
vacancies in the office.

(3) If there is a tie vote for commissioner, the senior district judge
shall appoint an eligible person to fill the office as in other cases of
vacancy.

(4) If there is a tie vote for state officers, the secretary of state shall
transmit a certified copy of the statement to the legislative assembly show-
ing the votes cast for the two (2) or more persons having an equal and the
highest number of votes.

History: En. Sec. 210, Ch. 368, L. 1969.

23-4122. Expenses of recount. The expense of the recount is a county
charge. Expenses of the secretary of state and state board of canvassers
are a .state charge.

History: En. Sec. 211, Ch. 368, L. 1969.

268

CONTESTS OF BOND ELECTIONS 23-4202

CHAPTER 42

CONTESTS OF BOND ELECTIONS

Section

23-4201. Grounds for challenge.

23-4202. Designation of time and place of hearing — citation — hearing and determina-
tion of issues.

23-4201. Grounds for challenge. (1) Any elector qualified to vote
in <i bond election of a county, city, or of any political subdivision of either
may contest a bond election, for any of the following causes:

(a) That the precinct board in conducting the election or in canvassing
the returns, made errors sufficient to change the result of the election ;

(b) That any official charged with a duty under this act, failed to per-
form that duty;

(c) That in conducting the election, any official charged with a duty
under this act, violated any of the provisions of this act relating to bond
elections.

(2) Within five (5) days after the election, the contestant shall file a
verified petition with the clerk of the court in the judicial district where
the election was held.

History: En. Sec. 212, Ch. 368, L. 1969.

23-4202. Designation of time and place of hearing — citation — hearing
and determination of issues. (1) Within five (5) days after the petition
is filed, the district judge shall designate the time and place of hearing.

(2) The clerk shall immediately issue a citation for the defendant to
appear at the time and place specified in the order, and shall serve the
citation immediately upon the defendant either :

(a) Personally, or

(b) If the party cannot be found, by leaving a copy at the house where
he last resided.

(3) The court shall meet at the time and place designated to deter-
mine the contested election and shall have all the powers necessary to the
determination thereof.

(4) The court shall be governed by the rules of law and evidence gov-
erning the determination of questions of law and fact, so far as the same
may be applicable.

(5) The court shall continue in special session to hear and determine
all issues in the contested election. After hearing the proofs and allega-
tions of the parties and within ten (10) days after submission thereof, the
court shall file its findings of fact and conclusions of law, and immediately
shall pronounce judgment in the premises, either confirming or annulling
and setting aside the election. The judgment shall be entered immediately
thereafter.

History: En. Sec. 213, Ch. 368, L. 1969.

269

23-4301 ELECTIONS

CHAPTER 43

PRESIDENTIAL ELECTORS

Section

23-4301. Election of electors, nlien chosen iind number.

23-4302. Nomination of electors — ballot — votes.

23-4303. Returns — lists of electors elected.

23-4304. Meeting and voting of electors.

23-4305. Lists of persons voted for.

23-4306. Compensation of electors.

23-4307. Vacancy, how filled.

23-4301. Election of electors, when chosen and number. On the Tues-
day next after the first Monday of November in the year in which a presi-
dent of the United States is to be elected there shall be elected as many
electors for president and vice-president of the United States as are allo-
cated to this state.

History: En. Sec. 214, Ch. 368, L. 1969,

23-4302. Nomination of electors — ballot — votes, (1) Each political
partj^ shall nominate presidential electors for this state and file with the
secretary of state certificates of nomination for these candidates at the time
and in the manner and number provided by law,

(2) The secretary of state shall certify to the registrars the names of
the candidates for president and vice-president of the several political
parties, which shall be printed on the ballot,

(3) The names of candidates for electors of president and vice-president
shall not be printed upon the ballot.

(4) The votes cast for candidates for president and vice-president of

each political party shall be counted for the candidates for presidential

electors of the political party whose names have been filed with the

secretary of state.

History: En. Sec. 215, Ch, 368, L, 1969. tors is a nomination for public office. State

ex rel. Wheeler v. Stewart, 71 M 358, 363,
Nomination for Public Office 030 P 366.

The nomination for presidential elec-

23-4303, Returns — lists of electors elected. (1) The votes for candi-
dates for president and vice-president shall be given, received, returned
and canvassed as the votes are given, returned, and canvassed for candi-
dates for Congress,

(2) The secretary of state shall prepare three (3) lists of names of
electors elected and affix the seal of the state to the lists.

(3) The lists shall be signed by the governor and secretary of state
and by the latter delivered to the college of electors at the hour of their
meeting.

History: En. Sec, 216, Ch. 368, L. 1969.

23-4304. Meeting and voting of electors. (1) The electors shall meet
in Helena at 2 p. m. on the first Monday after the second Wednesday in
December following their election.

270

MEMBERS OF CONGRESS

23-4401

(2) The electors shall vote by separate ballots for one (1) person for
president and one (1) for vice-president of the United States.

History: En. Sec. 217, Ch. 368, L. 1969.

Extension of Time Unconstitutional

Since, under prior section and the fed-
eral act (U.S.C, Tit. 3, sec. 5, enacted pur-
suant to section 1, article II of the federal
constitution), the presidential electors
must meet on the first Monday after the
second Wednesday in December follow-

ing their election, the legislature could not,
by enacting ch. 101, Laws 1943 (since re-
pealed), constitutionally extend the time
for depositing military ballots for the gen-
eral election for seven weeks beyond the
Tuesday after the first Monday in Novem-
ber. Maddox v. Board of State Canvassers,
116 M 217, 224, 149 P 2d 112.

23-4305. Lists of persons voted for. (1) The electors shall make lists
of the persons voted for as president and vice-president, indicate the number
of votes for each, certify, seal, and transmit the lists as prescribed by
laws of the United States.

History: En. Sec. 218, Ch. 368, L. 1969. Compiler's Notes

As enacted, this section contained no
subsection (2).

23-4306. Compensation of electors. Electors shall receive the same pay
and mileage allowed members of the legislative assembly. Payments shall
be certified by the secretary of state and paid by the state auditor from
the state general fund.

History: En. Sec. 219, Ch. 368, L. 1969.

23-4307. Vacancy, how filled. If a vacancy occurs, the electors present
shall elect a citizen of the state to fill the vacancy.
History: En. Sec. 220, Ch. 368, L. 1969.

Section
23-4401.

23-4402.
23-4403.
23-4404.

CHAPTER 44
MEMBERS or CONGEESS— ELECTIONS AND VACANCIES

Election of United States senators and representatives — for full term and

to fill vacancies.
Writs of election to fill vacancy.
Certificates issued by governor.
Residence required for election or appointment to Congress.

23-4401. Election of United States senators and representatives — for full
term and to fill vacancies. (1) United States senators and representatives
shall be elected at the general election preceding commencement of the
term to be filled.

(2) Tf a vacancy occurs for senator, or United States representative,
an election to fill the vacancy shall be held at the next general election. If
an election is invalid or not held at that time, the election shall be at the
second succeeding general election.

(3) Nominations and elections shall be as provided by law for
governor.

History: En. Sec. 221, Ch. 368, L. 1969.

271

23-4402 ELECTIONS

23-4402. Writs of election to fill vacancy. If a vacancy occurs in the
office of United States senator or representative, the governor shall issue
a writ of election to fill the vacancy. The governor may make a temporary
appointment to fill the vacancy until the election.
History: En. Sec. 222, Ch. 368, L. 1969.

23-4403. Certificates issued by governor. Upon receipt of the state-
ment required by section 23-4016, the governor shall send a certificate
of election to each person elected.
History: En. Sec. 223, Ch. 368, L. 1969.

23-4404. Residence required for election or appointment to Congress.

A person who has not resided in this state at least one (1) year prior to
his election or appointment is not eligible for the office of United States
senator or representative.

History: En. Sec. 224, Ch. 368, L. 1969.

CHAPTER 45

NONPAETISAN NOMINATION AND ELECTION OF JUDGES

Section

23-4501. Judicial offices as separate and independent offices for election purposes.

23-4502. Nominations.

23-4503. Declarations for nomination — contents — -fee.

23-4504. Register of candidates for nomination — arrangement and certification of can-
didates' names — separate from party designation.

23-4505. Primary ballots — preparation and distribution.

23-4506. Judicial primary ballots.

23-4507. Separate counting and canvassing of judicial ballots — application of general
laws.

23-4508. Nominations — placing names on ballots.

23-4509. Tie vote, how decided.

23-4510. Vacancies among nominees after nomination and before general election,
how filled.

23-4511. Unlawful for political party to endorse judicial candidate.

23-4501. Judicial offices as separate and independent offices for election
purposes. (1) Each vacancy for associate justice of the supreme court
is a separate and independent office for election purposes. The chief justice
of the supreme court shall assign an individual number to the four (4)
associate justices and certify these numbers to the office of the secretary
of state not less than one hundred eighty (180) days before a primary
nominating election.

(2) Each judicial office in a district which has more than one (1) dis-
trict judge is a separate and independent office for election purposes.

History: En. Sec. 225, Ch. 368, L. 1969. date" as used in act was not to receive a

different construction from that as used in
Purpose and Construction of Act the general primary law. The act was to be

Purpose of prior act was to eliminate, construed in pari materia with the primary

so far aa possible, the selection of judges and general election laws. State ex rel.

from partisan politics. The word "candi- McHale v. Ayers, 111 M 1, 3, 105 P 2d 686.

23-4502. Nominations. Candidates for the supreme court or district
court shall be nominated according to primary election laws so far as
they are consistent with the provisions of this chapter.
History: En. Sec. 226, Ch. 368, L. 1969.

272

NOMINATION AND ELECTION OF JUDGES 23-4506

23-4503. Declarations for nomination — contents — fee. (1) Judicial
candidate.s shall file declarations for nomination as required by the primary
election laws in a form specified by the secretary of state.

(2) Declarations for nomination as associate justice of the supreme
court shall designate the number of the office. A per.son can make only one
(1) designation.

(3) Candidates for nomination as district judge in a district having
more than one (1) judge shall specify the number of the office. His ca)idi-
dacy is limited to the number specified.

(4) Declarations shall not indicate political affiliation. The candidate
shall not state in his declaration any principles or measures he advocates
nor any slogans.

(5) Each person filing a declaration shall remit the fee prescribed
by law for the position he seeks. Declarations for justice of the supreme
court and district court judge shall be filed with the secretary of state.

History: En. Sec. 227, Ch. 368, L. 1969.

23-4504. Register of candidates for nomination — arrangement and
certification of candidates' names — separate from party designation. (1)
On receipt of a declaration, the secretary of state shall make entries in
the "Register of Candidates for Nomination" on a page different from
entries made for district candidates of political parties.

(2) The secretary of state shall separately arrange, certify, and file
the names of judicial candidates, and certify to each registrar the names
to be placed on the primary ballot at the same time, and in the same way,
that other candidates are certified.

(3) The certificates shall show the names of candidates and number
of the judicial office for each. The list shall be separate from lists of candi-
dates appearing under political headings.

History: En. Sec. 228, Ch. 368, L. 1969.

23-4505. Primary ballots — preparation and distribution. (1) The

registrars shall arrange, prepare, and distribute primary ballots for judi-
cial offices designated "Judicial Primary Ballots." They shall be arranged
as other primary ballots and be without political designation.

(2) The number of judicial primary ballots and sample ballots
furnished shall be the same as other primary ballots.
History: En. Sec. 229, Ch. 368, L. 1969.

DECISIONS UNDER FORMER LAW

Write-in Candidate but, though the act was silent as to their

The prior Nonpartisan Judiciary Act ''ig^t to write in the name of a qualified

did not restrict electors to the privilege person to judicial office, they could do so.

of voting only for candidates whose names State ex rel. McHale v. Ayers, 111 M

appeared on the primary judicial ballot, ^> 3, 105 P 2d 686.

23-4506. Judicial primary ballots. (1) The "Judicial Primary Bal-
lot" shall be furnished to electors in the same manner as other primary
ballots.

273

23-4507 ELECTIONS

(2) The number of the judicial primary ballot shall correspond to
the number of the elector's regular ballot.

(3) Different terms of oflBce for the same position shall be considered
separate offices.

History: En, Sec. 230, Ch. 368, L. 1969.

23-4507. Separate counting and canvassing of judicial ballots — appli-
cation of general laws. (1) After closing the polls, the election officers
shall separately count and canvass judicial ballots, and record and certify
them, showing the number of votes cast for each person.

(2) Judicial ballots, stubs, and unused ballots shall be disposed of
in the same manner as other ballots, stubs and unused ballots. Returns
shall be made as provided by law.
History: En. Sec. 231, Ch. 368, L. 1699.

23-4508. Nominations — placing names on ballots. (1) Candidates for
nomination equal to twice the number to be elected at the general election
who shall receive the highest number of votes cast at the primary, or
if the number of candidates is not more than twice the number to be
elected then all candidates, are nominees for the office.

(2) Candidates who received the highest vote in the primary shall
have their names printed on the official ballot for the general election.

(3) No candidate shall have his name on the judicial ballot for the
general election unless he was a successful candidate at the primary
election.

History: En. Sec. 232, Ch. 368, L. 1969.

23-4509. Tie vote, how decided. (1) In case of a tie vote, the candi-
dates shall appear and cast lots before the secretary of state on the fifth
day after the vote is officially canvassed.

(2) If a candidate fails to appear in person or by proxy in writing
before 12 noon of the day appointed, the secretary of state shall by
lot determine the candidate whose name will be printed on the official
ballot.

History: En. Sec. 233, Ch. 368, L. 1969.

23-4510. Vacancies among nominees after nomination and before gen-
eral election, how filled. (1) If after the primary a candidate is not
able to run for the office for any reason, the vacancy shall be filled by
the candidate next in rank in number of votes received in the primary
election.

(2) If after the primary and before the general election there is
no person able or entitled to the office or there are not enough candidates
to fill the offices, the governor shall certify to the secretary of state the
names of persons qualified for the office equal to twice the number to be
elected. The names of those persons nominated by the governor shall be
printed on the official ballot.

274

CONVENTIONS — CONSTITUTIONAL AMENDMENTS 23-4603

(3) Nomiuations made by the governor are not filed too late if filt'd
within ten (10) days after the vaeancy occurs. If the ballots have already
been printed, stickers may be used to place the names on the ballot.
History: En. Sec. 234, Ch. 368, L. 1969.

23-4511. Unlawful for political party to endorse judicial candidate. A
political party which endorses a candidate for justice of the supreme
court or district court judge, a person who participates in an endorse-
ment by a political party, or a person who acts on behalf of a political
party in endorsing a judicial candidate is guilty of a misdemeanor.
History: En. Sec. 235, Ch. 368, L. 1969.

CHAPTER 46

CONVENTIONS TO RATIFY AMENDMENTS TO CONSTITUTION

OF THE UNITED STATES

Section

23-4601. Convention for ratification of amendments to United States constitution.

23-4602. Delegates to constitutional convention,

23-4603. Nomination of delegates.

23-4604. Determination of election results.

23-4605. Ballot form.

23-4606. Time for convention of delegates.

23-4607. Quorum — officers — procedure — qualifications.

23-4608. Compensation of delegates and officers.

23-4609. Certificate of result — transmission to secretary of state of United States.

23-4610. Qualifications of petitioners and electors.

23-4611. Federal acts to supersede state provisions concerning amendments.

23-4601. Convention for ratification of amendments to United States
constitution. If Congress proposes an amendment to the constitution of
the United States to be ratified by state convention, a convention shall be
held.

History: En. Sec. 236, Ch. 368, L. 1969.

23-4602. Delegates to constitutional convention. (1) The number of
convention delegates shall be equal to the number of members in the
legislative assembly. Each district shall have delegates equal to the
number of members it is entitled to in the legislative assembly.

(2) Delegates shall be elected at the next primary or general election
after Congress has proposed the amendment, or at a special election
called by the governor.

(3) Except as otherwise provided in sections 23-4601 through 23-4611,
the election shall be in accordance with the laws for the election of
members of the legislative assembly.

History: En. Sec. 237, Ch. 368, L. 1969.

23-4603. Nomination of delegates. (1) Nominations for the oflSce of
delegate shall be by petition signed by not less than one hundred (100)
voters of the district.

(2) Nominations shall be without political designation but shall
be as "in favor of" or "opposed to" ratification of the proposed amend-
ment.

275

23-4604 ELECTIONS

(3) Petitions and acceptances shall be filed not less than thirty (30)
days prior to the election.

History: En. Sec. 238, Ch. 368, L. 1969.

23-4604. Determination of election results. The results of the election
are determined as follows :

(1) The votes cast for each candidate "in favor of" ratification, and
the total votes cast for all candidates "in favor of" ratification and the votes
cast for each candidate "opposed to" and the total votes cast for all
candidates "opposed to" ratification shall be ascertained ;

(2) Candidates receiving the highest number of votes equal to the
number of delegates to be elected from the side receiving the greater
number of votes are elected.

History: En. Sec. 239, Ch. 368, L. 1969.

23-4605. Ballot form. The official ballot form shall be prescribed by
the secretary of state.
History: En. Sec. 240, Ch. 368, L. 1969.

23-4606. Time for convention of delegates. Delegates shall meet at
the state capitol on the first Monday in the month following the election
at 10 a. m. and constitute a convention to act upon the proposed amend-
ment.
History: En. Sec. 241, Ch. 368, L. 1969.

23-4607. Quorum — officers — procedure — qualifications. A majority of
the total number of delegates constitutes a quorum. The convention may
choose a president, secretary, and other necessary officers; make rules
governing the procedure of the convention; and shall judge the qualifica-
tions and election of its members.
History: En. Sec. 242, Ch. 368, L. 1969.

23-4608. Compensation of delegates and officers. Each delegate shall
receive mileage and per diem as provided by law for members of the
legislative assembly. The secretary and other officers shall receive com-
pensation fixed by the convention.
History: En. Sec. 243, Ch. 368, L. 1969.

23-4609. Certificate of result — transmission to secretary of state of
United States. When the convention has agreed by majority vote of dele-
gates attending the convention, a certificate of the result shall be executed
by the president and secretary and transmitted to the secretary of state
of the United States,

History: En. Sec. 244, Ch. 368, L. 1969.

23-4610. Qualifications of petitioners and electors. Persons entitled to
petition for nomination and vote at the election are determined by laws
on registration.

History: En. Sec. 245, Ch. 368, L. 1969.

276

CONVENTIONS — CONSTITUTIONAL AMENDMENTS

23-4611

23-1228,
23-1303,

23-1301, 23-1302(1), 23-1302(2),
23-1303.1, 23-1304 through 23-

23-4611, Federal acts to supersede state provisions concerning amend-
ments. If Congress prescribes how the convention shall be constituted and
held by resolution or statute, sections 23-4601 through 23-4610 are inopera-
tive and the convention shall be constituted and held as Congress directs.
All state officers are directed to take action to constitute the convention
as authorized by Congress and act as if acting under state statute.
History: En. Sec. 246, Ch. 368, L. 1969.

Repealing Clause

Section 248 of Ch. 368, Laws 1969 read
"Sections 23-101 through 23-106, 23-201
through 23-202, 23-301 through 23-311,
23-401 through 23-407, 23-501, 23-501.1, 23-
502 through 23-534, 23-601 through 23-604,
23-604.1, 23-604.2, 23-605 through 23-612,
23-701 through 23-713, 23-801 through 23-
820, 23-901 through 23-929, 23-931, 23-
933 through 23-936, 23-1001, 23-1008
through 23-1009, 23-1101 through 23-1107,
23-1109 through 23-1117, 23-1201 through

1321, 23-1401 through 23-1406, 23-1501
through 23-1503, 23-1601 through 23-1608,
23-1608A, 23-1609 through 23-1618, 23-
1701 through 23-1715, 23-1801 through 23-
1808, 23-1812 through 23-1819, 23-1901
through 23-1904, 23-2001 through 23-2012,
23-2014, 23-2101 through 23-2111, 23-2201
through 23-2206, 23-2301 through 23-
2323, 23-2401 through 23-2411, and 23-2501
through 23-2507, E. C. M. 1947 are re-
pealed."

277

TITLE 32

HIGHWAYS, BRIDGES AND FERRIES

CHAPTER 29

BOARD OF COUNTY COMMISSIONERS
RESPONSIBILITY FOR BRIDGES AND FERRIES

Section 32-2903. Election to determine question of construction — bonds — special levy.

32-2903. Election to determine question of construction — ^bonds — spe-
cial levy. (1) Before undertaking the construction of any bridge the cost
of which shall exceed ten thousand dollars ($10,000), in any city or town,
the board shall submit to the qualified electors of the county, at a general
or special election, the question of whether the bridge shall be constructed
and its cost paid by the county.

(2) If the electors vote in favor of construction, the board may issue
and sell bonds of the county to the amount authorized for the construc-
tion of the bridge. Bonds shall be issued under such regulations as apply
to other bonds of the county.

(3) The bridge shall be constructed using the proceeds of such sale.

(4) If the cost of the bridge does not exceed the amount authorized
to be raised by a special tax, it may be levied as provided in section 32-3604
of this code.

History: En. Sec 5-203, Oh. 197, L. 1965.

CHAPTER 36

COUNTY TAX LEVIES FOR ROAD AND
BRIDGE CONSTRUCTION

Section 32-3605. Additional tax levy for road and bridge construction.

32-3605. Additional tax levy for road and bridge construction. (1)
Each board may make an additional levy upon the taxable property in
the county of ten (10) mills or less for constructing public highways and
bridges.

(2) Before the additional levy may be made, the question shall be
submitted to a vote of the people at some general or special election in
the following form, inserting the number of mills to be levied and the

name of the county : "Shall there be an additional levy of mills

upon the taxable property in the county of , state of Montana,

for the purpose of constructing public highways and bridges?

D Yes

D No."

279

37-101 ELECTION LAWS

(3) A majority of the votes cast shall be necessary to permit the
additional levy which shall be collected in the same manner as other road
taxes.

HlBtory: En. Sec. 7-105, Oil. 197, L. 1966.

TITLE 37
INITIATIVE AND REFERENDUM

CHAPTER 1

INITLA.TIVE AND BEFEEENDUM

Section 37-101. Form of petition for referendum.

37-102. Form of petition for initiative.

37-103. County clerk to verify signatures.

37-104. Notice to governor and proclamation,

37-104.1. Attorney general's summary of referred or initiative measures — State-
ment by secretary of state for referendum measures — Placement on
ballot. ^

37-105. Certification and numbering of measures — constitutional amendments.

37-106. Manner of voting — ballot.

37-107. Printing and distribution of measures.

37-108. Canvass of votes.

37-109. Who may petition — false signature — penalties.

37-110. Beferred bills not effective until approved.

37-101. (99) Form of petition for referendum. The following shall be
substantially the form of petition for the referendum to the people on any
act passed by the legislative assembly of the state of Montana:

Warning.
Any person signing any name other than his own to this petition, or
signing the same more than once for the same measure at one election,
or who is not, at the time of signing the same, a legal voter of this state,
is punishable by a fine not exceeding five hundred dollars ($500.00), or
imprisonment in the penitentiary not exceeding two years, or by both such
fine and imprisonment.

Petition for Referendum.

To the Honorable , Secretary of State of the state of

Montana :

We, the undersigned citizens and legal voters of the state of Montana,

respectfully order that Senate (House) Bill Number , entitled (title

of act), passed by the legislative assembly of the state of Montana,

at the regular (special) session of said legislative assembly, shall be re-
ferred to the people of the state for their approval or rejection, at the regu-
lar, general, or special election to be held on the day of ,

19.—, and each for himself says: I have personally signed this petition;
I am a legal voter of the state of Montana; and my residence, postoflBce
address, and voting precinct are correctly written after my name.

Name Residence -

PostoflSce address _

280

INITIATIVE AND REFERENDUM 37-103

If in city, street and number _

Voting precinct

(Here follow numbered lines for signatures.)

History: En. Sec 1, Oh. 62, L. 1907; Cross-Beference

S«c. 106, Eev. 0. 1907; re-en. Sec. 99, Constitutional provisions, Art. V, Sec. L

B. 0. M. 1921.

37-102. (100) Form of petition for initiative. The following shall be
substantially the form of petition for any law of the state of Montana pro-
posed by the initiative:

Petition for Initiative.

To the Honorable , Secretary of State ol the

State of Montana:

We, the undersigned legal voters of the state of Montana, respectfully
demand that the following proposed law shall be submitted to the legal
electors of the state of Montana, for their approval or rejection, at the

regular, general, or special election to be held on the day of

, 19...., and each for himself says:

I have personally signed this petition, and my residence, postoflBce ad-
dress, and voting precinct are correctly written after my name.

Name Residence

PostoflBce address

If in city, street and number

Voting precinct

(Numbered lines for names on each sheet.)

Every such sheet for petitioner's signature shall be attached to a full
and correct copy of the title and text of the measure so proposed by initia-
tive petition; but such petition may be filed with the secretary of state
in numbered sections, for convenience in handling, and referendum peti-
tions may be filed in sections in like manner.

History: En. Sec. 2, Ch. 62, L. 1907;
Sec. 107, Bev. O. 1907; re-en. Sec. 100, B.
C. M. 1921.

37-103. (101) County clerk to verify si^n^at^ires. The county clerk of
each county in which any such petition shall be signed shall compare the
signatures of the electors signing the same with their signatures on the regis-
tration books and blanks on file in his office, for the preceding general
election, and shall thereupon attach to the sheets of said petition contain-

281

37-103 ELECTION LAWS

ing such signatures his certificate to the secretary of state, substantially
as follows:

State of Montana, "j

j-ss.
County of J

To the Honorable , Secretary of State

for Montana :

I, , county clerk of the county of

, hereby certify that I "have compared the

signatures on (number of sheets) of the referendum (initiative) petition,
attached hereto, with the signatures of said electors as they appear on the
registration books and blanks in my office ; and I believe that the signa-
tures of (names of signers), numbering (number of genuine signatures),
are genuine. As to the remainder of the signatures thereon, I believe that

they are not genuine, for the reason that ;

and I further certify that the following names

( ) do not appear on the registration books and blanks

in my office.

Signed :

, County Clerk.

(Seal of Office) By ,

Deputy

Every such certificate shall be prima facie evidence of the facts stated
therein, and of the qualifications of the electors whose signatures are thus
certified to be genuine, and the secretary of state shall consider and count
only such signatures on such petitions as shall be so certified by said county
clerks to be genuine; provided, that the secretary of state may consider
and count such of the remaining signatures as may be proved to be genu-
ine, and that the parties so signing were legally qualified to sign such
petitions, and the official certificate of a notary public of the county in
which the signer resides shall be required as to the fact for each of such
last-named signatures; and the secretary of state shall further compare
and verify the official signatures and seals of all notaries so certifying
with their signatures and seals filed in his office. Such notaries' certificate
shall be substantially in the following form:

State of Montana, ")

}-88.

County of J

I, , a duly qualified and acting notary

public in and for the above-named county and state, do hereby certify:
that I am personally acquainted with each of the following named electors
whose signatures are affixed to the annexed petition, and I know of my
own knowledge that they are legal voters of the state of Montana, and
of the county and precincts written after their several names in the an-
nexed petition, and that their residence and postoffice address is correctly
stated therein, to-wit: (Names of such electors.)

282

INITIATIVE AND REFERENDUM 37-104.1

In Testimony Whereof, I have hereunto set my hand and official seal

this day of , 19

Notary Public, in and for County,

State of Montana.

The county clerk shall not retain in his possession any such petition,
or any part thereof, for a longer period than two days for the first two
hundred signatures thereon, and one additional day for each two hundred
additional signatures, or fraction thereof, on the sheets presented to him,
and at the expiration of such time he shall forward the same to the secre-
tary of state, with his certificate attached thereto, as above provided. The
forms herein given are not mandatory, and if substantially followed in
any petition, it shall be sufficient, disregarding clerical and merely technical
errors.

History: En. Sec. 3, Ch. 62, L. 1907;
Sec. 108, Eev. C. 1907; re-en. Sec. 101,
R. C. M. 1921.

37-104. (102) Notice to governor and proclamation. Immediately upon
the filing of any such petition for the referendum or the initiative with the
secretary of state, signed by the number of voters and filed within the time
required by the constitution, he shall notify the governor in writing of the
filing of such petition, and the governor shall forthwith issue his proclama-
tion, announcing that such petition has been filed, with a brief statement
of its tenor and effect. Said proclamation shall be published four times for
four consecutive weeks in one daily or weekly paper in each county of the
state of Montana.

History: En. Sec. 4, Ch. 62, L. 1907;
re-en. Sec. 109, Eev. C. 1907; re-en Sec.
102, E. C. M. 1921.

37-104.1, Attorney general's summary of referred or initiative mea-
sures— statement by secretary of state for referendum measures — place-
ment on ballot. The secretary of state of the state of Montana prior to
certifying and numbering of referendum, initiative or constitutional
amendment to the several counties of Montana as provided by sections
37-105 and 23-110^ [23-3506] of the Revised Codes of Montana, 1947,
shall transmit a copy of the measure to be voted upon to the attorney
general of Montana. Within ten (10) days after the measure is filed with
him, the attorney general shall provide and return to the secretary of
state a statement in ordinary plain language explaining in not more
than one hundred (100) words the general purpose of the measure sub-
mitted. In the case of referendum measures, the secretary of state shall
prepare a statement setting forth the vote by which the referendum
passed each house of the legislative assembly and that it was signed by
the governor. The statement by the secretary of state shall precede the
attorney general's statement on the printed form. The statement as pre-
pared by the attorney general, and the statement of the secretary of
state for referendum measures only, shall be in addition to the legislative
title of the measure, the statement of the secretary of state for referen-

283

37-105 ELECTION LAWS

dum measures only and the statement of the attorney general shall pre-
cede the other title of the measure. In providing the statement, the at-
torney general shall give a true and impartial statement of the purpose
of the measure in plain, easily understood language and in such manner
as shall not be an argument or likely to create prejudice either for or
against the measure.

History: En. Sec. 1, Ch. 22, L. 1963;
amd. Sec. 1, Ch. 21, L. 1969.

Compiler's Notes

Section 23-1102, referred to in the first

part of this section was repealed by Sec.

248, Ch. 368, Laws 1969. For new law,
see sec. 23-3506.

37-105. (103) Certificatian and nmnbering of measures — constitutional
amendments. The secretary of state, at the same time that he furnishes to
the county clerk of the several counties certified copies of the names of the
candidates for office, shall also furnish the said county clerks his certified
copy of the titles and numbers of the various measures to be voted upon at
the ensuing general or special election, and he shall use for each measure
a title designated for that purpose by the legislative assembly, committee,
or organization presenting and iiling with him the act, or petition for the
initiative or the referendum, or in the petition or act; provided, that such
title shall in no case exceed one hundred words, and shall not resemble any
such title previously filed for any measure to be submitted at that election
which shall be descriptive of said measure, and he shall number such meas-
ures. All measures shall be numbered with consecutive numbers beginning
with the number immediately following that on the last measure filed in
the office of the secretary of state. The affirmative and negative of each
measure shall bear the same number, and no two measures shall be num-
bered alike. It shall be the duty of the several county clerks to print said
titles and numbers on the official ballot prescribed by section 23-1102, in the
numerical order in which the measures have been certified to them by the
secretary of state. Measures proposed by the initiative shall be designated
and distinguished from measures proposed by the legislative assembly by
the heading "proposed petition for initiative."

All constitutional amendments submitted to the qualified electors of
the state shall likewise be placed upon the official ballot prescribed by
said section 23-1102 and no such amendment shall hereafter be submitted on
a separate ballot. Nothing herein contained shall be deemed to change the
existing laws of the state regulating in other respects the manner of sub-
mitting such proposed amendments.

History: En. Sec. 6, Oh. 62, L. 1907; Oh. 66. L. 1913; re-en. Sec. 103, B. C. M
re-en. Sec. 110, Bev. 0. 1907; amd. Sec. 1, 1921; amd. Sec. 1, Ch. 62, L. 1927.

37-106. (104) Blauner oi voting — ^ballot. The manner of voting on
measures submitted to the people shall be by marking the ballot with a
cross in or on the diagram opposite and to the left of the proposition for
which the voter desires to vote. The form of ballot to be used on measures
submitted to the people shall be submitted to and determined by the

284

INITIATIVE AND REFERENDUM 37-107

attorney general of the state of Montana. The following is a sample ballot
representing negative vote :

[El

For Initiative Measure No. 6
Relating to Duties of Sheriffs.

Against Said Measure No. 6.

For Referendum Measure No. 7
Relating to Purchase of Insane Ae^Iuiil

Against Said Measure No. 7.

History: En. Sec. 6, Cb. 62, L. 1907; 66, L. 1913; re-«n. Sec. 104, B. O. M. 1921;
Sec. Ill, Bev. C. 1907; amd. Sec 2, Oh. amd. Sec. 1, Ch. 18, L. 1937.

37-107. (105) Printing and distribution of measures. The secretary of
state shall furnish a copy of each of the proposed measures to be submitted
to the people and make requisition on the state purchasing agent for the
printing and delivery to him of all proposed constitutional amendments,
initiative and referendum measures to be submitted to a vote of the people.

The state purchasing agent, shall, not later than the first Monday of
the third month next before any general or special election, at which any
proposed law is to be submitted to the people, cause to be printed a true
copy of the title and text of each measure to be submitted, with the number
and form in which the question will be printed on the oflScial ballot. It
shall be the duty of the state purchasing agent to call for bids ^nd contract
with the lowest responsible bidder for the printing of the proposed law to
be submitted to the people. Any measure proposed to be submitted to the
people and which concerns the creation of any state levy, debt or liability,
including the issuance of state bonds or debentures other than refunding
bonds or debentures, shall be submitted to the eligible voters as defined by
section 23-303, upon a separate official ballot and no such measure shall be
submitted on a general ballot. All other measures proposed to be sub-
mitted to the people including constitutional amendments and initiative
and referendum measures which do not concern the creation of any state
levy, debt or liability, may be submitted on the general ballot as provided
by section 23-1105.

The proposed law to be submitted shall be printed in news type, each
page to be six inches wide by nine inches long, and when such proposed
measure constitutes less than six pages, it shall be printed flat and for-
warded to the county clerk and recorder of each of the several counties in
that form.

When the proposed measure constitutes more than six pages, said
measure shall be printed in pamphlet form, securely stapled, without cover.
No proposed measure, hereafter, to be submitted to the people of the state,
as provided for in this section shall be bound. The quality of the paper to

285

37-108 ELECTION LAWS

be used for the proposed measure shall be left to the discretion of the state
purchasing agent. The number of said proposed measures to be printed
shall be five per cent (5%) more than the number of registered voters, as
shown by the registration lists of the several counties of the state at the
last preceding general election.

The secretary of state shall distribute to each county clerk before the

second Monday in the third month next preceding such regular general

election, a sufficient number of said pamphlets to furnish one copy to every

voter in his county. And each county clerk shall be required to mail to each

registered voter in each of the several counties in the state at least one copy

of the same within thirty (30) days from the date of his receipt of the same

from the secretary of state. The mailing of said pamphlets to electors shall

be a part of the official duty of the county clerk of each of the several

counties, and his official compensation shall be full compensation for this

additional service.

History: En. Sec. 7, C71l 62, L. 1907; 1927; amd. Sec. 2, Oh. 104, L. 1946; amd.
Sec. 112, Bev. 0. 1907; re-en. Sec. 105, Sec. 1, Oh. 67, L. 1947.
B. C. M. 1921; amd. Sec. 1, Oh. 137, L.

37-108. (106) Canvass of votes. The votes on measures and questions
shall be counted, canvassed, and returned by the regular boards of judges,
clerks, and officers as votes for candidates are counted, canvassed, and re-
turned, and the abstract made by the several county clerks of votes on
measures shall be returned to the secretary of state on separate abstract
sheets in the manner provided by sections 23-1812 and 23-1813 for abstracts
of votes for state officers. It shall be the duty of the state board of can-
vassers to proceed within thirty days after the election, and sooner if the
returns be all received, to canvass the votes given for each measure, and
the governor shall forthwith issue his proclamation, which shall be pub-
lished in two daily newspapers printed at the capital, giving the whole
number of votes cast in the state for and against each measure and ques-
tion, and declaring such measures as are approved by a majority of those
voting thereon to be in full force and effect as the law of the state of
Montana from the date of said proclamation, designating such measures
by their titles.

History: En. Sec. 8, Ch. 62, L. 1907;
Sec. 113, Eev. C. 1907; re-en. Sec. 106,
R. C. M. 1921.

37-109. (107) Who may petition — false signature — penalties. Every
person who is a qualified elector of the state of Montana may sign a petition
for the referendum or for the initiative. Any person signing any name other
than his own to such petition, or signing the same more than once for the
same measure at one election, or who is not, at the time of signing the
same, a legal voter of this state, or any officer or any person wilfully
violating any provision of this statute, shall, upon conviction thereof, be
punished by a fine not exceeding five hundred dollars, or by imprisonment

286

INITIATIVE AND REFERENDUM 37-110

in the penitentiary not exceeding two years, or by both such fine and im-
prisonment, in the discretion of the court before which such conviction shall
be had.

History: En. Sec. 9, Ch. 62, L. 1907;
Sec. 114, Rev. C. 1907; re-en. Sec. 107, R.
C. M. 1921.

37-110. (108) Referred bills not efiFective uiitil approved. A bill passed

by the legislative assembly and referred to popular vote at the next general

election, or at a special election, shall not be in effect until it is approved at

such general or special election by a majority of those voting for and

against it.

History: En. Sec. 10, Ch. 62, L. 1907;
Sec. 115, Rev. C. 1907; re-en. Sec. 108, R.
C. M. 1921.

287

TITLE 43

LEGISLATURE AND ENACTMENT OF LAWS

CHAPTER 1
SENATORIAL, REPEESENTATIVE AND CONGRESSIONAL DISTRICTS

Section 43-106.1. Number of senators — senatorial districts and apportionment.

43-106,2. Number of representatives — representative districts and apportion-
ment.
43-107. Congressional districts.

43-106.1. Number of senators — senatorial districts and apportionment.

The senate of the legislative assembly shall consist of fifty-five (55) mem-
bers. The senatorial districts and the number of senators elected from
each district are as follows :

Senatorial

Number of

District Consists of

District Number

Senators

County or Counties

Carter, Fallon, Wibaux, Prairie

Dawson

Richland and McCone

Roosevelt

Valley, Daniels, Sheridan

Rosebud, Treasure, Garfield,
Petroleum

Custer

Big Horn, Powder River

Yellowstone

Phillips, Blaine

Fergus

Musselshell, Golden Valley,
Wheatland, Sweet Grass

Carbon, Stillwater

Park

Gallatin

Jefferson, Broadwater, Meagher

Chouteau, Judith Basin

Cascade

Hill, Liberty

Toole, Pondera, Teton

Lewis and Clark

Deer Lodge, Powell, Granite

289

43-106.2

ELECTION LAWS

Senatorial

Number of

District Consists of

istrict Number

Senators

County or Counties

Silver Bow

Beaverhead, Madison

Ravalli

Missoula

Sanders, Mineral

Lake

Glacier

Flathead

Lincoln

History: En. Sec. 1, Ch. 194, L. 1967.

43-106.2. Number of representatives — representative districts and ap-
portionment. The house of representatives of the legislative assembly shall
consist of one hundred and four (104) members. The representative districts
and the number of representatives elected from each district are as follows :

sentative

Number of

District Consists of

t Number

Representatives

County or Counties

Carter, Fallon, Wibaux and
Prairie

Dawson

Richland and McCone

Roosevelt

Sheridan

Valley, Daniels

Rosebud, Treasure, Garfield and
Petroleum

Custer

Big Horn and Powder River

Yellowstone

lOA

Phillips

lOB

Blaine

Fergus

12A

Musselshell and Golden Valley

12B

Wheatland and Sweet Grass

Carbon and Stillwater

Park

Gallatin

Jefferson, Broadwater and
Meagher

Chouteau and Judith Basin

Cascade

Hill and Liberty

20A

Toole

20B

Pondera

20C

Teton

290

22A

2?B

24A

24B

LEGISLATURE AND ENACTMENT OF LAWS 43-107

Representative Number of District Consists of

District Number Representatives County or Counties

Lewis and Clark
Powell

Deer Lodge and Granite
Silver Bow
Beaverhead
Madison
Ravalli
Missoula

Sanders and Mineral
Lake
Glacier
Flathead
31 2 Lincoln

History: En, Sec. 2, Oh. 194, L. 1967.

43-107. (48) Congressional districts. The counties of Beaverhead, Broad-
water, Deer Lodge, Flathead, Gallatin, Granite, Jefferson, Lake, Lewis and
Clark, Lincoln, Madison, Mineral, Missoula, Powell, Ravalli, Sanders, Silver
Bow, Glacier, Toole, Liberty, Pondera, Teton, Meagher, and Park shall
constitute the first congressional district of the state. The counties of Big
Horn, Blaine, Carbon, Carter, Cascade, Chouteau, Custer, Daniels, Dawson,
Fallon, Fergus, Garfield, Golden Valley, Hill, Judith Basin, McCone, Mussel-
shell, Petroleum, Phillips, Powder River, Prairie, Richland, Rosebud, Roose-
velt, Sheridan, Stillwater, Sweet Grass, Treasure, Valley, Wheatland,
Wibaux and Yellowstone shall constitute the second congressional district
of the state.

Whenever any county is created, comprised partly of the territory of
both such districts, said county shall belong to and become a part of the
district to which major portion of the territory of said county belonged
and was a part prior to the creation of such new county.

History: Ap. p. Sec. 120, PoL C. 1896; 1921; amd. Sec. 1, Ch. 113, L. 1945; amd.
re-en. Sec. 47, Eev. C. 1907; amd. Sec. 1, Sec. 1, Ch. 124, L. 1967.
Ch. 44, L. 1917; re-en. Sec 48, R. 0. M.

CHAPTER 2

THE LEGISLATIVE ASSEMBLY— ITS COMPOSITION,
OEGANIZATION, OFFICEKS AND EMPLOYEES

Section 43-201. Composition of legislative assembly.
43-202. Term of office.

43-206.1. Eosters prepared from election records.
43-207. Senate, organization of.
43-208. House of representatives, organization of.
43-215. Filling vacancies in legislative assembly — appointment by board of

county commissioners — calling of board meeting.
43-216. Alternate method of selection — failure of one candidate to receive

majority vote.
43-217. "Vacancy" defined.
43-218. Pre-session caucus — house appropriations and senate finance and claims

committee member — per diem and expenses.

291

43-201 ELECTION LAWS

43-201. (51) Composition of legislative assembly. The legislative

assembly consists of senators and representatives elected from the several

senatorial and representative districts of the state in the number specified

by law.

History: En. Sec. 150, Pol. C. 1895; Ch. 5, L. 1921; re-en. Sec. 51, R. C. M.
re-en. Sec. 50, Rev. C. 1907; amd. Sec. 1, 1921.

43-202. (52) Term of office. The term of ofBce of a senator is four

years, and of a representative two years; and the term of service thereof

shall begin on the first Monday of January next succeeding his election,

and if a senator or representative be elected to fill a vacancy, his term of

service shall begin on the next day after his election.

History: Ap. p. Sec. 151, Pol. C. 1895; Ch. 17, L. 1909; re-en. Sec. 52, R. C. M.
re-en. Sec. 51, Rev. C. 1907; amd. Sec. 1, 1921. Cal. Pol. C. Sec. 226.

43-206.1. Rosters prepared from election records. The secretary of
state shall prepare certified rosters from the official election records on
file in his office for use in the organization of the senate and house of
representatives.
History: En. Sec. 1, Ch. 18, L. 1969.

43-207. (57) Senate^ organization of. At the hour of twelve o'clock,

noon, on the day appointed for the meeting of any regular session of the

legislative assembly, the president of the senate, or in case of his absence

or inability, then the senior member present, must take the chair, call

the senators and senators-elect to order, call over the senators from the

certified roster prepared by the secretary of state, and then, from the

certified roster prepared by the secretary of state, call over the senatorial

districts and counties, in their order, from which members have been

elected at the preceding election, and after the same are called the

members-elect must take the constitutional oath of office and assume

their seats. The senate may thereupon, if a quorum is present, proceed

to elect its officers.

History: En. H. B. No. 69, p. 103, L.
1891; re-en. Sec. 163, Pol. C. 1895; re-en.
Sec. 67, Rev. C. 1907; re-en. Sec. 67, R. 0.
M. 1921; amd. Sec. 2, Ch. 18, L. 1969. Cal.
Pol. C. Sec. 238.

43-208. (58) House of representatives, organization of. At the time

specified in section 43-207, the secretary of state, or in case of his

absence or inability, then the senior member-elect present, must take the

chair, call the members-elect of the house of representatives to order,

and then, from the certified roster prepared by the secretary of state,

call over the roll of counties and districts; and after the same are called

the members-elect must take the constitutional oath of office and assume

their seats. The house of representatives may thereupon, if a quorum is

present, proceed to elect its officers.

History: En. Sec. 164, Pol. C. 1895;
re-en. Sec. 68, Rev. C. 1907; re-en. Sec.
68, R. 0. M. 1921; amd. Sec. 3, Ch. 18, L.
1969. Cal. Pol. C. Sec. 239.

292

LEGISLATURE AND ENACTMENT OF LAWS 43-218

43-216. Filling vacancies in legislative assembly — appointment by board
of county commissioners — calling of board meeting. When a vacancy
occurs, in either house of the legislative assembly, the vacancy shall be
filled by appointment by the board of county commissioners, or, in the
event of a multicounty district, the board of county commissioners com-
prising the district sitting as one appointing board. The chairman of the
board of county commissioners of the county in which the person resided
whose vacancy is to be filled shall call a meeting for the purpose of ap-
pointing the member of the legislative assembly, and he shall act as the
presiding officer of the meeting.

History: En. Sec. 1, Oh. 179, L. 1967.

43-216. Alternate method of selection — failure of one candidate to
receive majority vote. In the event that a decision cannot be made by the
appointing board because of failure of any candidate to receive a majority
of the votes, the final decision may be made by lot from a number of
candidates, not exceeding the number of counties comprising the dis-
trict, in accordance with rules of selection adopted by the appointing
board.

History: En. Sec. 2, Oh. 179, L. 1967.

43-217. "Vacancy" defined. For the purposes of this act, "vacancy"
or "vacancies" has the same meaning as prescribed in section 59-602,
R.C.M. 1947.

History: En. Sec. 3, Oh. 179, L. 1967.

43-218. Pre-session caucus — house appropriation and senate finance
and claims committee member — per diem and expenses. As soon after
the official canvass as possible, but not later than December 1 of each
year following an election when members of the legislative assembly are
elected, the majority and minority parties of each house of the legisla-
tive assembly shall hold a pre-session caucus for holdover senators, sen-
ators-elect, and representatives-elect. The purpose of the caucus of each
party of each house is to elect officers, appoint committees and hire any
necessary employees. Members of the house appropriations committee
and the senate finance and claims committee named at the caucus shall
begin reviewing requests for appropriations immediately and may visit
state agencies and institutions to discuss requests. Members of these
committees, except senators elected at the general election held in 1968,
shall receive twenty dollars ($20) per day for each day engaged in com-
mittee business, and all members of these committees shall be reimbursed
for actual and necessary expenses incurred in their duties. Per diem and
expenses shall be paid by the state controller from the appropriation for
operation of the preceding legislative assembly.
History: En Sec. 2, Oh. 274, L. 1969.

293

TITLE 44

LIBRARIES

CHAPTER 2

COUNTY AND EEGIONAL FEEE LIBEABIES

Section 44-213. Participation of other governmental units.

44-219. Establishing public library — resolution — petition — election.

44-213. Participation of other governmental units. When a joint county
or regional library shall have been established, the legislative body of any
government unit therein that is maintaining a library may decide, with
the concurrence of the board of trustees of its library, to participate in
the joint county or regional library ; after which, beginning with the next
fiscal year of the county, the governmental unit shall participate in the
joint county or regional library and its residents shall be entitled to the
benefits of the joint county or regional library, and property within its
boundaries shall be subject to taxation for joint county or regional library
purposes. A governmental unit participating in the joint county or regional
library may retain title to its own property, continue its own board of
library trustees, and may levy its own taxes for library purposes; or, by
a majority vote of the qualified electors, a governmental unit may transfer,
conditionally or otherwise, the ownership and control of its library, with
all or any part of its property, to another governmental unit which is pro-
viding or will provide free library service in the territory of the former,
and the trustees or body making the transfer shall thereafter be relieved
of responsibility pertaining to the property transferred. The state board
of education may contract with the government of any city or county, or
the governments of both the city and the county, in which a unit of the
university of Montana is located for the establishment and operation of
joint library facilities. Any such contract which proposes the erection of a
building shall be subject to the approval of the legislature. Any joint
library facilities established pursuant to this section shall be operated and
supported as provided in such contract and under this chapter.

History: En. Sec. 2, Ch. 132, L. 1939;
amd. Sec. 1, Ch. 249, L. 1963.

44-219. Establishing public library— resolution — petition — election. A

public library may be established in any county or city in any of the
following ways :

(1) The governing body of any county or city desiring to establish
and maintain a public library may pass and enter upon its minutes a
resolution to the effect that a free public library is established under
the provision of Montana laws relating to public libraries.

295

44-219 ELECTION LAWS

(2) By petition signed by not less than ten per centum (10%) of the
resident taxpayers whose names appear upon the last completed assess-
ment roll of the city or county being filed with the governing body re-
questing the establishment of a public library. The governing body of
a city or county shall set a time of meeting at which they may by resolu-
tion establish a public library; the governing body shall give notice
of the contemplated action in a newspaper of general circulation for two
consecutive weeks giving therein the date and place of the meeting
at which the contemplated action is proposed to be taken.

(3) Upon a petition being filed with the governing body and signed
by not less than five per centum (5%) of the resident taxpayers of any
city or county requesting an election the governing body shall submit
to a vote of the qualified electors thereof, at the next general election,
the question of whether a free public library shall be established. If
such a petition is submitted for a city or town, the petition must be
signed by resident taxpayers of said city or town. If such a petition is
submitted to the county commissioners of a county asking for the es-
tablishment of a county library, the petition must be signed by resident
taxpayers of the county who reside outside the corporate limits of an in-
corporated city or town located in said county which may already have
established a free public library for such city or town.

If such petition specifically asks that a special election be called, and
such petition is signed by thirty-five per centum (35%) of the resident
freeholders affected by such petition, then the governing body shall,
upon receipt of such petition, immediately set a date for a special elec-
tion, which date shall be as soon as the procedures for establishing a
special election will allow.

If at such election, a majority of the electors voting on the question

vote in favor of the establishment of a library, the governing body

shall immediately take the necessary steps to establish and maintain said

library, or to contract with any city or county for library service to

be rendered to the inhabitants of such city, town or county.

History: En. Sec. 2, Ch. 260, L. 1967;
amd. Sec. 1, Ch. 263, L. 1969.

296

TITLE 62

PARKS AND PUBLIC RECREATION

CHAPTER 2

CITY, TOWN AND SCHOOL DISTRICT CIVIC CENTERS,
PARKS AND RECREATIONAL FACILITIES

Section 62-201. Public parks and grounds, civic and youth centers — additional indebted-
ness of municipalities to provide.

62-201. (5159) Public parks and grounds, civic and youth centers — ad-
ditional indebtedness of municipalities to provide. A city or town council,
or commission, in addition to the power it now has under the law, has and is
hereby granted and given the further power :

(1) To contract an indebtedness on behalf of a city or town, upon the
credit thereof, by borrowing money or issuing bonds for the purpose of pur-
chasing and improving lands for public parks and grounds ; and/or for pro-
curing by purchase, or construction, or otherwise, swimming pools, athletic
fields, skating rinks, playgrounds, museums, a golf course, a site and build-
ing for a civic center, a youth center, or combination thereof, and furnishing
and equipping the same ; and

(2) To purchase, build, furnish and equip the same; provided that the
total amount of indebtedness authorized to be contracted in any form, in-
cluding the then existing indebtedness, must not at any time exceed three
(3) per centum of the value of the taxable property of the city or town, as
ascertained by the last assessment for state and county taxes previous to the
incurring of such indebtedness ; and provided, further, that no money must
be borrowed on bonds issued for the purchase of lands and improving same
for any such purpose, until the proposition has been submitted to the vote,
of those qualified under the provisions of the state constitution to vote at
such election in the city or town affected thereby, and a majority vote cast
in favor thereof.

History: En. Sec. 1, Ch. 55, L. 1909; 1, Ch. 114, L. 1923; amd. Sec. 1, Ch. 71, L.
re-en. Sec. 5159, R. C. M. 1921; amd. Sec. 1945; amd. Sec. 1, Cli. 64, L. 1947.

TITLE 75

SCHOOLS

CHAPTER 13
THE PUBLIC SCHOOLS— SUPERINTENDENT OF PUBLIC INSTRUCTION

Section 75-1301. Election, qualification, oath.

75-1301. (931) Election, qualification, oath. There shall be chosen
by the qualified electors of the state, at the time and place of voting for

297

75-1501 ELECTION LAWS

members of the legislature, a superintendent of public instruction, who

shall have attained the age of thirty years at the time of his election, and

shall have resided within the state two years next preceding his election,

and is the holder of a state certificate of the highest grade, issued in some

state, and recognized by the state board of education, or is a graduate of

some university, college, or normal school recognized by the state board

of education as of equal rank with a unit of the university of Montana.

He shall hold his office at the seat of government for the term of four

years from the first Monday in January following his election, and until

his successor is elected and qualified. Before entering upon his duties, he

shall take the oath of a civil officer.

History: En. Sec. 1700, Pol. C. 1896; 200, Ch. 76, L. 1913; re-en. Sec. 931, R. C.
re-en. Sec. 805, Rev. C. 1907; amd. Sec. M. 1921; amd. Sec. 33, Ch. 177, L. 1965.

CHAPTER 15

COUNTY SUPERINTENDENT OF SCTHOOLS

Section 75-1501. County superintendent of schools — eligible without regard to sex.

75-1502. Qualifications for county superintendent of schools.

75-1503. Election of superintendent.

75-1504. Term of office.

75-1501. (950) County superintendent af schools — eligible without re-

gBxd to sex. All persons otherwise qualified shall be eligible to the office

of county superintendent of common schools without regard to sex.

History: Ap. p. Sec. 8, p. 621, Ck>d. 1868, 5th Div. Comp. Stat. 1887; re-eo. Sec.

Stat. 1871; amd. Sec. 8, p. 118, L. 1874; 1730, Pol. 0. 1895; re-en. Sec. 823, Rev. O.

re-en. Sec. 1095, 5th Div. Rev. Stat. 1879; 1907; amd. Sec. 300, Ch. 76, L. 1913; re-en.

amd. Sec. 1, p. 53, L. 1883; re-en. Sec. Sec. 960, R. 0. M. 192L

75-1502. (950.1) Qualifications for county superintendent of schools.

No person shall be eligible to the office of county superintendent of schools
in any county of Montana, who, in addition to the qualifications required by
the constitution of the state of Montana, is not the holder of a state certifi-
cate offered by the state of Montana, granted by endorsement upon gradua-
tion from a standard normal school, or college, or university; or who is not
the holder of a certificate offered by the state of Montana, designated as a
state certificate granted by examination in accordance with the rules and
regulations as prescribed by the state board of educational examiners ; .and
who has not had at least three years successful experience as a teacher,
principal or superintendent of public schools. The above qualifications
shall not prohibit the re-election of present incumbents.
History: En. Sec. 1, Oh. 118, L. 1929.

75-1503. (951) Election of superintendent. A county superintendent

of schools shall be elected in each organized county in this state at the

general election preceding the expiration of the term of office of the present

incumbent, and every four years thereafter.

History: This section originally a part 1868, 6th Div. Ck>mp. Stat. 1887; re-en. Sec.

of Sec. 950. Ap. p. Sec. 8, p. 621, Ood. 1730, Pol. 0. 1895; re-en. Sec. 823, Rev. 0.

Stat. 1871; amd. Sec. 8, p. 118, L. 1874; 1907; amd. Sec. 300, Oh. 76, L. 1913; re-en.

re-en. Sec. 1095, 6th Div. Rev. Stat. 1879; Sec. 951, R. 0. M. 1921; amd. Sec. 1, Ob.

amd. Sec. 1, p. 63, L. 1883; re-en. Sec. 10, L. 1946.

298

SCHOOLS 75-1504

75-1504. (952) Term of office. The county superintendent shall take
office on the first Monday in January next succeeding his election and hold
for four years, and until his successor is elected and qualified.

History: This section originally a part 1868, 5th Dlv. Comp. Stat. 1887; ro-en Sec
of Sec. 960. Ap. p. Sec. 8, p. 621, CocL 1730, Pol. 0. 1896; re-en. Sec. 823, Bev C
SUt. 1871; amd. Sec 8, p. 118, L. 1874; 1907; amd. Sec. 300, Oh. 76, L. 1913; re-en
re-en. Sec. 1096, 5th Dlv. Rev. Stat. 1879; Sec. 952, R. O. M. 1921; amd- Sec 2, Oh
amd. Sec. 1, p. 63, L. 1883; re-en. Sec. 10, L. 1946.

299

75-1601 ELECTION LAWS

CHAPTER 16

SCHOOL TRUSTEES

Section 75-1601. Qu&Mcationa of.

75-1602. Number of.

75-1603. Elections.

75-1604. Elections in districts of second and third class — nominations.

75-1605. Conduct of election.

75-1606. Election in districts of first class — nominations and conduct of

elections.

75-1607. Board of trustees to call election.

75-1608. Same — notice of.

75-1609. Hours of election.

75-1610. Judges.

75-1611. Ballots and method of voting.

75-1612. Poll and tally-list, certificate of judges and canvass of votes.

75-1613. Term of oflBce — vacancy — oath of trustees.

75-1614. Vacancy in school board.

75-1615. Trustees — how removed.

75-1616. Vacancy in office of clerk,

75-1617. Rearrangement of terms to prevent the election of a majority of the

trustees.

75-1618. Qualifications of electors.

75-1619. Challenges — oath of voters.

75-1620. Expenses of election.

75-1631. Call of special election.

75-1632. Duties of trustees.

75-1601. (985) Qualifications of. Any person, male or female, who is a
qualified voter at any election under this act, shall be eligible to the office
of school trustee in such district.

mstory: En. Sec. 500, Oh. 76, L. 1913;
re-en. Sec. 985, B. C. M. 1921.

75-1602. (986) Number of. In districts of the first class, the number
of trustees shall be seven, in districts of the second class the number of
trustees shall be five, and in districts of the third class the number of trus-
tees shall be three.

History: Ap. p. Sec. 1770, Pol. C. 1896; amd. Sec. 1, Ch. 16, L. 1911; amd. Sec. 501,
amd. Sec. 1, p. 136, L. 1897; amd. Sec. 1, Ch. 76, L. 1913; re-en. Sec. 966, R. 0. M.
Oh. 69, L. 1907; Sec. 850, Rev. 0. 1907; 1921.

75-1603. (987) Elections. An annual election of school trustees shall
be held in each school district in the state on the first Saturday in April of
each year at the district schoolhouse, if there be one, and if there be none,
at a place designated by the board of trustees. In districts of the third class
having more than one schoolhouse where school is held, one trustee must
be elected from persons residing where such outside schools are located.

History: Ap. p. Sec. 1880, 6th Dlv. NOTE.— The last sentence of this sec-
Oomp. Stat. 1887; amd. Sec. 1, p. 243, L. tion relating to election of school trustees,
1891; amd. Sec. 1770, Pol. C. 1895; amd. held in violation of the Constitution, Sec-
Sec. 1, p. 136, L. 1897; amd. Sec. 1, p. 67, tion 13, Article IX and Section 10, Article
L. 1899; amd. Sec. 1, Ch. 69, L. 1907; Sec. XI. Opinions of Attorney General, Vol. 7,
860, Rev. 0. 1907; amd. Sec. 1, Ch. 16, L. p. 96. Similar holding in Opinion No. 112,
1911; amd. Sec. 502, Ch. 76, L. 1913; amd. Vol. 15.
Sec. 7, Ch. 81, L. 1917; re-en. Sec. 987,
B. O. M. 1921.

300

SCHOOLS 75-1606

75-1604. (988) Elections in districts of second and third class —
nominations. In districts of the second and third class, the names of all
candidates for membership on the school board must be received and
filed by the clerk and posted at each polling place at least twenty days
next preceding the election. Any five qualified electors of the district may
file with the clerk the nominations of as many persons as are to be elected to
the school board at the ensuing election.

History: En. Sec. 502, Ch. 76, L. 1913;
re-en. Sec. 988, R. C. M. 1921; amd. Sec.
1, Ch. 46, I*. 1965.

75-1605. (989) Conduct of election. In districts of the second and
third classes, the election of school trustees shall be held and conducted
under the supervision of the board of school trustees. The clerk of the school
district must, not less than fifteen days before the election required under
this act, post notices in three public places in said district, and in incor-
porated cities in each ward, which notices must specify the time and place
of election, and the hours during which the polls will be open. The trus-
tees must appoint by an order entered in their records three qualified
electors of said district, to act as judges at such election, and the clerk
of the district shall notify them by mail of their appointment. If the
judges named are not present at the time for opening the polls, the elec-
tors present may appoint judges, and the judges so appointed shall desig-
nate one of their number to act as clerk. The voting must be by ballot,
without reference to the general election laws in regard to nominations,
form of ballot, or manner of voting, and the polls shall be open for such
length of time as the board of trustees may order; provided, that such
polls must be open from two p. m. to six p. m.

History: En. Sec. 502, Ch. 76, L. 1913;
re-en. Sec. 989, R. C. M. 1921.

75-1606. (990) Election in districts of first class — nominations and con-
duct of elections. In districts of the first class, no person shall be voted for
or elected as trustee unless he has been nominated therefor at a bonafide
public meeting, held in the district not more than sixty (60) days nor less
than forty (40) days before the day of election, and at which at least twenty
(20) qualified electors were present, and a chairman and secretary were
elected, and a certificate of such nomination, setting forth the place where
the meeting was held, giving the names of the candidates in full, and if
there are different terms to be filled, the term for which such candidate was
nominated, duly certified by the chairman and secretary of such meeting,
shall be filed with the district clerk within ten (10) days after such public
meeting. The nomination and election of any person shall be void, unless
he was nominated at a meeting as above provided at which at least twenty
(20) qualified electors were present, and his nomination certified and filed
as aforesaid, and the board of trustees acting as a canvassing board shall
not count any votes cast for any person, unless he has been so nominated
and a certificate thereof filed as herein required. In the event there be held
only one (1) such public meeting, and only one (1) candidate be nominated

301

75-1607 ELECTION LAWS

for each term to be filled then and in that event no election need be held and
the clerk of such district shall certify such facts to the board of trustees of
the district, acting as a board of canvassers who shall thereupon certify the
election of such persons to the county superintendent of schools.

History: '«n. Sec. 502, Oh. 76, L. 1913; cle XI and Section 11, Article IX and

re-en. Sec. 990, R. C. M. 1921; amd. Sec, 1, Section 5, Article III of the Constitution,

Ch. 205, L. 1943; amd. Sec. 1, Ch. 130, L. as depriving electors of the right to ex-

1945. press free choice of school trustees. Opin-

NOTE.-This section, as it existed in ^^^'^ <>* Attorney General Vol. 5, p. 477.
1914, held in violation of Section 10, Arti-

75-1607. (991) Board of trustees to call election. The board of trustees

shall, at least thirty days before the annual election of school trustees, by an

order entered upon the minutes of their meeting, designate and establish

a suitable number of polling places and create an equal number of election

precincts to correspond, and define the boundaries thereof.

History: En. Sec. 502, Ch. 76, L. 1913;
re-en. Sec. 991, R. C. M. 1921.

75-1608. (992) Same— notice of. The district clerk shall, at least fif-
teen days before the election in districts of the first class, give notice of the
election to be held in all such districts, by posting a notice thereof in three
public places in the district, and in incorporated cities and towns in each
ward, which notices must specify the time and place of election, the number
of trustees, and the terms for which they are to be elected, and the hours
during which the polls will be open. Whenever, in the judgment of the
board of trustees, the best interest of the district will be served by the
publication of such notices of election in some newspaper in the county,
they may, by an order entered on the minutes of their meeting, direct the
district clerk to publish the notice of election required to be given in
districts of the first class, in some newspaper in the county.

History: En. Sec. 602, Ch. 76, L. 1913;
re-en. Sec. 992, E. C. M. 1921.

75-1609. (993) Hours of election. In districts of the first class the polls

must be opened at twelve o'clock (12:00) noon and kept open until eight

o'clock (8:00) p. m.

History: En. Sec. 6, p. 138, L. 1897; 502, Ch. 76, L. 1913; re-en. Sec. 993, E. 0.
re-en. Sec. 855, Bev. C. 1907; amd. Sec. M. 1921; amd. Sec 1, Oh. 135, L. 1947.

75-1610. (994) Judges. The board of district trustees shall, at least ten

days before the day of the annual election of trustees in any district of the

first class, appoint three qualified electors of the district for each polling

place established to act as judges of election, and the district clerk shall

notify such persons by mail of their appointment. Such judges shall

designate one of their number to act as clerk of such election. If the

judges appointed, or any of them, are not present at the time for the

opening of the polls, the electors present may appoint judges, who must

be qualified electors, to act in the place of those who are absent.

History: En. Sec. 502, Oh. 76, L. 1913;
re-en. Sec. 994, B. C. M. 1921.

302

SCHOOLS 75-1613

75-1611. (995) Ballots and method of votmg. In districts of the first
Class, the ballot shall show the name or names of the candidates and the
length of time for which they are to be elected. These ballots shall be as
near as possible in the following form:

For School Trustees:

For three (3) year term.
Vote for Three :

John Abner

"William Brown

Adam Smith

For one (1) year term.

George Davis

History: En. Sec. 9, p. 139, L. 1897; 502, Ch. 76, L. 1913; r&-en. Sec. 995, R. 0.
re-en. Sec. 858, Rev. C. 1907; amd. Sec. M. 1921.

75-1612. (996) Poll and tally -list, certificate of judgfcs and canvass of

votes. At every election held under this act, a poll-list shall be kept by the
judges and clerk at each polling-place, and immediately after the close
of the polls the judges shall count the ballots, and if there be more bal-
lots than votes cast the judges must draw by lot from the ballots, without
seeing them, sufficient number of ballots to make the ballots remaining
correspond with the number of votes cast. The clerk shall write down
in alphabetical order in a poll-book provided for that purpose the name
of every person voting at the time he deposits his ballot. There shall also
be provided a tally-list for each polling-place ; after the ballots have been
counted and made to agree with the poll-list the judges shall proceed to
count them. The clerk shall enter in the tally-list the name of every person
voted for as trustee, and the term, and tally opposite his name the number
of votes cast for him, and at the end thereof set down in a column provided
for that purpose the whole number of votes he received. The judges and
clerk shall sign a certificate to said tally-list, setting forth the whole number
of votes cast for each person or trustee, designating the term, and they shall
verify the same as being correct, to the best of their knowledge, before an
officer authorized to administer oaths. No informality in such certificate
shall vitiate the election, if the number of votes received for each person
can reasonably be ascertained from said tally-list. Said books and tally-lists
shall be returned to the board of trustees of the district, who shall
canvass the vote and cause the clerk of the district to issue a certificate' of
election to the person or persons elected, designating their term, a copy
of which must be forwarded to the county superintendent of schools. School
trustees are hereby authorized to administer oaths to judges of election.

History: Ap. p. Sec. 1780, Pol. C. 1895; 860, Eev. C. 1907; amd. Sec. 502, Cai. 76,
amd. Sec. 11, p. 142, L. 1897; amd. Sec. L. 1913; re-en. Sec. 996, B. C. M. 1921.

V5-1613. (997) Term of office— vacancy— oath of trustees. Trustees
elected shall take office immediately after qualifying, and shall hold office
for the term of three years except as elsewhere expressly provided herein,
and until their successors are elected or appointed and qualified.

303

75-1614 ELECTION LAWS

The clexk of the district shall, at the time of issuing certificate of elec-
tion to a person elected as trustee, deliver to such person a blank oath of
office. Every trustee shall file his oath of office with the county superin-
tendent of schools within fifteen days of the receipt of the certificate of
election and blank oath of office from the clerk. Any trustee failing to
qualify as herein provided shall forfeit all rights to his office, and the
county superintendent of schools shall appoint to fill the vacancy caused
thereby.

History: Ap. p. Sec. 1782, Pol. C. 1895; L. 1913; amd. Sec. 11, Ch. 196, L. 1919;
amd. Sec. 13, p. 143, L. 1897; Sees. 862 and re-en. Sec. 997, R. C. M. 1921.
1019, Rev. C. 1907; amd. Sec. 502, Ch. 76,

75-1614. (998) Vacancy in school board. A vacancy in the office shall
be filled by appointment by the county superintendent of schools; except
that in districts of the first and second class, such appointment shall be
made by a majority of the remaining members of said board, if those
remaining constitute a majority of the total number of the board. The
trustee so appointed shall hold office until the next annual election, at
which election there shall be elected a school trustee for the unexpired
term. When any vacancy occurs in the office of trustee of any school
district by death, resignation, failure to elect at the proper time, removal
from the district, or other cause, the fact of such vacancy shall be im-
mediately certified by the clerk of the school district, to the county super-
intendent, or to the remaining members of the board in districts of first
or second class, and the county superintendent, or the remaining members
of the board in districts of first or second class, shall immediately appoint
in writing, some competent person, who shall qualify and serve until the
next annual school election. The county superintendent or the board shall
at the time notify the clerk of the school district of every such appointment;
provided, that absence from the school district for sixty consecutive days,
or failure to attend three consecutive meetings of the board of trustees
without good excuse, shall constitute a vacancy in the office of trustee.

History: Ap. p. Sec. 1782, PoL C. 1895; Ch. 76, L. 1913; amd. Sec. 11, Ch. 196, L.
amd. Sec. 13, p. 143, L. 1897; Sees. 862 1919; re-en. Sec. 998, R. C. M. 1921; amd.
and 1019, Rev. C. 1907; amd. Sec. 502, Sec. 1, Ch. 275, L. 1967.

75-1615. (999) Trustees — how removed. Any school trustee may be
removed from office by a court of competent jurisdiction by law for removal
of elective civil officers; provided, however, that upon charges being pre-
ferred and good cause shown, the board of county commissioners may
suspend a trustee until such time as such charges can be heard in the
court having jurisdiction thereof.

History: En. Sec. 1982, Pol. C. 1895; 502, Oh. 76, L. 1913; re-en. Sec. 999, R. C.
re-en. Sec. 1021, Rev. C. 1907; re-en. Sec. M. 1921.

75-1616. (1000) Vacancy in office of clerk. Should the office of the
clerk of the school district become vacant, the board of school trustees shall
immediately fill such vacancy by appointment, and the chairman of the

304

SCHOOLS 75-1620

board of school trustees shall immediately notify the county superintendent

of such appointment.

History: En. Sec. 1981, PoL 0. 1896; 502, Oh. 76, L. 1913; re-en. Sec. 1000,
re-en. Sec. 1020, Eev. C. 1907; re-en. Sec. R. C. M. 1921.

75-1617. (1001) Rearrangement of terms to prevent the election of a
majority of the trustees. When at any annual school election the terms of
a majority of the trustees regularly expire in districts of the first class,
three trustees, in districts of the second class, two trustees, in districts of
the third class, one trustee, shall be elected for three years, and the remain-
ing trustee or trustees whose terms expire shall hold over for one or two
years as may be necessary to prevent the terms of a majority of the board
of trustees expiring in any one year; provided, that it shall be determined
by lot what trustee shall hold over, and for what term.

History: En. Sec. 502, Oil. 76, L. 1913;
re-en. Sec. 1001, R. O. M. 1921.

75-1618. (1002) Qualifications of electors. Every citizen of the United
States of the age of twenty-one years or over who has resided in the state
of Montana for one year, and thirty days in the school district next pre-
ceding the election, and who is a registered voter, may vote thereat.

History: En. Sec. 1777, Pol. 0. 1895; amd. Sec. 1, Oh. 83, L. 1939; amd. Sec. 1,

amd. Sec. 8, p. 138, L. 1897; re-en. Sec. Oh. 65, L. 1941; amd. Sec. 1, Oh. 143, L.

857, Rev. 0. 1907; amd. Sec. 502, Oh. 76, 1965.
L. 1913; re-en. Sec. 1002, R. 0. M. 1921;

75-1619. (1003) Challenges — oath of voters. Any person offering to
vote may be challenged by any elector of the district, and the judges must
thereupon administer to the person challenged an oath or afifirmation in sub-
stance as follows :

You do solemnly swear (or aflEirm), that you are a citizen of the United
States; that you are twenty-one years of age; and that you have resided in
the State one year, and in this school district thirty days next preceding
his election, and that you have not voted this day, so help you God.

If he takes this oath or affirmation, his vote must be received ; otherwise

rejected. Any person who shall swear falsely before any such judge of

election shall be guilty of perjury, and shall be punished accordingly.

History: Ap. p. Sec. 1779, Pol. 0. 1895; L. 1913; re-en. Sec. 1003, R. 0. M. 192-1;
amd. Sec. 10, p. 141, L. 1897; re-en. Sec. amd. Sec. 2, Oh. 83, L. 1939; amd. Sec. 2,
859, Rev. 0. 1907; amd. Sec. 502, Ch. 76, Oh. 85, L. 1941.

75-1620. (1004) Expenses of election. All the expenses necessarily
incurred in the matter of holding any and all elections for school trustees,
extra levies, bonds, school sites, disposal of property, or any other election
provided by law in any school district, high school building district, or
county high school, shall be paid out of the general school funds of the
district, or in the case of a high school building district, out of the high
school general funds; or in the case of county high schools, out of the
county high school general fund. In its discretion, the board of trustees

305

75-1631 ELECTION LAWS

may pay judges of any such election at a rate not to exceed one dollar
($1) per hour of service in connection with any such election.

History: Ap. p. Sec. 14, p. 145, L. 1897; 502, Ch. 76, L. 1913; re-en. Sec. 1004 R C
re-en. Sec. 866, Rev. C. 1907; amd. Sec. M. 1921; amd. Sec. 1, Ch. 104, L. 19&3.

75-1631. (1014) Call of special election. The board of trustees shall

have power to call a special election for the purpose of bonding the district

for the erection and furni.shing buildings and purchase of school sites, and

for permission to sell school property; provided, that in districts of the first

and second classes boards of trustees shall have power to change or select

school sites.

History: En. Sec. 507, Ch. 76, L. 1913;
re-en. Sec. 1014, R. 0. M. 1921.

75-1632. (1015) Duties of trustees. Every school board unless other-
wise specially provided by law shall have power and it shall be its dutv :

1 to 7. • • •

8. To purchase, acquire, sell and dispose of plots or parcels of land to
be used as sites for schoolhouses, school dormitories and other school build-
ings, and for other purposes in connection with the schools in the district;
to build, purchase or otherwise acquire schoolhouses, school dormitories and
other buildings necessary in the operation of schools of the district, and to
sell and dispose of the same ; provided, that they shall not build or remove
schoolhouses or dormitories, nor purchase, sell or locate school sites unless
directed so to do by a majority of the electors of the district voting at
an election held in the district for that purpose, and such election shall be
conducted and votes canvassed in the same manner as at the annual election
of school officers, and notice thereof shall be given by the clerk by posting
three (3) notices in three (3) public places in the district at least ten (10)
days prior to such election, which notices shall specify the time, place, and
purpose of such election. Provided, further, that this subdivision shall not
be so construed as to prevent the board of trustees from purcliasing one (1)
or more options for a school site.

9 to 24.

• • *

History: Enacted as Sec. 508, Ch. 76, Ch. 61, L. 1917; re-en. Sec. 1015, R. C. M.

L. 1913; Subds. 1-10 were amended by Sec. 1921; amd. Sec. 1, Ch. 122, L. 1923; amd.

1, Ch, 61, L. 1917; Subd. 11 amd. by Sec. Sec. 1, Ch. 122, L. 1931; amd. Sec. 1, Ch.

1, Ch. 61, L. 1917, and Sec. 13, Ch. 196, 165, L. 1937; amd. Sec. 1, Ch. 103, L.

L. 1919; Subds. 12-13-14 re-en. Sec. 1, Ch. 1943; amd. Sec. 3, Ch. 207, L. 1951; amd.

61, L. 1917; Subd. 15 was amd. by Sec. 1, Sec. 1, Ch. 233, L. 1953; amd. Sec. 1, Ch.

Ch. 61, L. 1917, and by Sec. 2, Ch. 81, L. 228, L. 1955; amd. Sec. 1, Ch. 168, L. 1959;

1917; Subds. 16-17-18 re-en. Sec. 1, Ch. 61, amd. Sec. 1, Ch, 105, L. 1961; amd. Sec.

L. 1917; Subds. 19-20-21-22 re-en. Sec. 1, 1, Ch. 76, L. 1963; amd. Sec. 1, Ch. 175,

L. 1963.

CHAPTER 17

BUDGET SYSTEM
Section 75-1723. Fixing tax levy.

75-1723. (1019.19) Fixing tax levy. The county superintendent of
schools, as clerk of the school budget board, shall, when the board of

306

SCHOOLS 75-1723

county commissioners meet on the second Monday in Aujrust for the purpose
of fixing tax levies, lay before sucli board the elementary school budgets
for all school districts in the county, as finally adopted and approved by
the school budget board.

It shall further be the duty of the county commissioners of each county
in the state to fix and levy a tax for each school district in the county
within the limitations prescribed by this act in such number of mills as
will produce the amount shown by the final budget to be raised by tax
levy which may also include a reserve fund, not to exceed thirty-five
per cent (35%) of the amount appropriated in the final and approved
budget for the then current school year, for the purpose of maintaining
the elementary and high school of the district from July 1 to November
30 of the next succeeding year; provided that such school district tax
plus federal reimbursements in lieu of taxes shall not, unless approved
by a vote of the taxpaying electors, exceed the maximum budgets set
forth in section 75-1713.1, R.C.M. 1947.

To finance the approved nonoperating budget of any school district
in which no elementary school will be operated, the county commissioners
shall fix and levy a tax for such school district in such number of mills
as will produce the amount shown by the approved budget to be raised
by tax levy, after deducting from the total amount to be financed the
following :

(1) any net nonoperating fund cash balance; provided, that whenever
a nonoperating district did not have a nonoperating fund the preceding
year, the net cash balances in all of the regular funds of the district shall
be combined to form a single balance which shall be called the nonoper-
ating fund cash balance ; provided, further, that any district which op-
erated at least one (1) school in the year immediately preceding the
budget year may retain separately any cash balance previously designated
as its general fund cash reserve, if in the judgment of the trustees of such
district the retention of such general fund cash reserve is essential to the
operation of a school anticipated for the year following the budget year,
and any such retained cash reserve shall not be deducted from the total
amount required for the nonoperating budget ;

(2) the amount of any transportation reimbursement anticipated from
the county;

(3) the amount of any transportation reimbursement anticipated from
the state public school equalization fund ; and

(4) any miscellaneous revenues available to the district. The remainder
of the nonoperating budget amount, after deduction of the above revenues,
shall be financed by a tax levied on the taxable valuation of the property
of the school district.

History: En. Sec. 19, Ch,. 146, L. 1931; L. 1953; amd. Sec. 1, Ch. 247, L. 1961;
amd. Sec. 10, Ch. 199, L. 1949; amd. Sec. amd. Sec. 2, Ch. 182, L. 1963; amd. Sec.
2, Ch. 208, L. 1961; amd. Sec. 1, Ch. 247, 2, Ch. 267, L. 1963.

307

75-1802 ELECTION LAWS

CHAPTER 18
SCHOOL DISTRICTS

Section 75-1802. Clasaifications of districts — number of trustees.

75-1813. Consolidated districts — procedure in event of consolidation — annexa-
tion— bonded debts.
75-1813.1. Consolidated districts in two or more counties.
75-1818. Dissolution of joint school districts.

75-1802. (1021) Classiflcations of districts— number of trustees. All
districts having a population of eight thousand (8000) or more shall be
districts of the first class. All districts having a population of one thou-
sand (1000) or more, and less than eight thousand (8000) shall be districts
of the second class, and all districts having a population of less than one
thousand (1000) shall be districts of the third class. In districts of the
first class the number of trustees shall be seven (7) ; in districts of the
second class the number of trustees shall be five (5), and in districts of
the third class the number of trustees shall be three (3).

Whenever the population of any school district shall increase beyond
or decrease below the number required as specified above for a certain
class of school district, the county superintendent of schools shall declare
such school district to be changed to the proper class. The county super-
intendent may compute the population by multiplying by three the num-
ber of school census children in the district. No school district shall be
changed in classification more than once in any five (5) year period. The
county superintendent of schools shall take the necessary steps to provide
that at the next school election to elect the proper number of school
trustees as designated above and to fill all vacancies due to any change
of classification. Provided however that the provisions of this act shall
not affect the terms of trustees heretofore elected.

History: En. Sec. 401, Ch. 76, L. 1913;
re-en. Sec. 1021, B. C. M. 1921; amd. Sec.
1, Ch. 85, L. 1943; amd. Sec. 1, Ch. 203,
I*. 1963.

75-1813. (1034) Consolidated districts — procedure in event of con-
solidation— annexation — bonded debts. Any two or more school districts
lying in one county may be consolidated, either by the formation of a
district by consolidation, or by the annexation of one or more districts
to an existing district, as hereinafter provided. When school districts plan
to proceed under the provisions of this section, they must, jointly, es-
tablish whether .such consolidation proposal shall be made with or with-
out assumption of bonded indebtedness. Dependent upon such joint
decision, one of the two following options shall be used :

A. Option A — When two or more school districts lying in one coun-
ty wish to consolidate and assume each other's bonded indebtedness,
or when one or more school districts in one county wish to annex their
territory to an existing district and assume its bonded indebtedness,
option A shall be used.

308

SCHOOLS 75-1813

B. Option B — When two or more school districts wish to consolidate
and not assume each other's bonded indebtedness, or when one or more
school districts in one county wish to annex their territory to an existing
district and not assume its bonded indebtedness, option B shall be used.

OPTION A

When severally the boards of trustees of two (2) or more school
districts, in regular meeting called for the publicly announced purpose
of considering plans for consolidation of said two (2) or more districts
and by majority vote of each board of trustees acting separately shall
ask for district consolidation of each and all such petitioning boards,
the county superintendent of schools having jurisdiction of such districts,
within not less than twenty (20) nor more than thirty (30) days, shall
cause notice of election to be given by the clerk in each district seeking
election on such proposed consolidation of districts. Such notice is to
be posted in three (3) public places in each such district and published
in a newspaper published in the county and having general circulation
in the school districts, giving the time and place or places specified in
each notice to vote on the question of consolidation with assumption of
bonded indebtedness.

Consolidation of any two (2) or more school districts lying in one
county may also be effected by the people of the districts concerned
whenever a petition shall be directed to and received by the county
superintendent of schools, and shall in each such district seeking con-
solidation be signed by not fewer than twenty per cent (20%) of the
qualified electors in such district. The county superintendent shall within
not less than twenty (20), nor more than thirty (30) days, cause notice
to be given as provided in the next preceding paragraph.

The votes at such election shall be by ballot, which shall read "For
consolidation with assumption of bonded indebtedness" or "Against con-
solidation with assumption of bonded indebtedness." At such election
those qualified electors whose names appear upon the last preceding
completed assessment roll shall be furnished ballots printed upon white
paper and all other qualified electors shall be furnished ballots printed
upon paper distinctly yellow in color. Separate ballot boxes shall be
used for the receipt of voted ballots so that the white ballots will be
segregated from the yellow ballots. The judge or judges at such elec-
tion shall, within ten (10) days thereafter, certify the result of the vote
to the county superintendent of the county in which the district lies.

If both the majority of the total votes cast in each district holding
such election be for consolidation, and the majority of the votes cast
by those qualified electors whose names appear upon the last preceding
completed assessment roll in each district holding such election be for
consolidation, provided that at least a percentage of such electors in each
district, equal to the percentage required in section 75-3914, R. C. M.
1947, for approval of a bond issue, have voted, it carries, and the
superintendent, within ten (10) days thereafter, shall make a proper
order to give effect to such vote, and shall thereafter transmit a copy

309

75-1813 ELECTION LAWS

thereof to the county clerk and recorder and to the clerk of each district
affected. If the order be for the formation of a new district, it shall
specify the number of such district, and the county superintendent shall
appoint trustees and designate the terms of office to be served by each until
subsequent school elections shall determine their successors.

At the regular election succeeding there shall be elected by the reg-
ularly qualified electors the number of trustees required to replace those
whose terms are expiring. The election of trustees and terms shall be the
same as for other districts under the general school laws.

When, in the interest of reducing cost of operation or improving the
school service for pupils, a board of trustees of a third class district
seeking to annex its territory to a third class district or districts main-
taining a high school, a second class district or districts, or a first class
district or districts or any combination thereof; a board of trustees of a
third class district maintaining a high school seeking to annex its terri-
tory to a second class district or districts or a first class district or dis-
tricts or any combination thereof; or the board of trustees of a second
class district seeking to annex its territory to a first class district or
districts, shall by majority vote of its members or at the request of twenty
per cent (20%) of the qualified electors of the districts indicated by a
petition, ask the county superintendent of schools to annex the territory
and property of such district to any district or districts as herein pro-
vided. As the board resolution or petition requests, the county superin-
tendent shall, upon an approving vote of the trustees of the district or
districts with which the annexation is sought, authorize an election in
the petitioning district on such annexation within not less than twenty
(20) nor more than thirty (30) days. Notice of such election shall be
given in the same manner and the same general plan for balloting shall
be utilized on the question of district annexation by the electors of the
petitioning district that is authorized herein for district consolidation.

The ballot shall in this case be "For annexation with assumption of
bonded indebtedness" and "Against annexation with assumption of bond-
ed indebtedness." Should the action of the boards of trustees approving
the plan of annexation be approved by majority vote of electors of
the district or districts seeking election on the issue and by majority
vote of the electors of the district or districts seeking election on the
issue whose names appear upon the last completed assessment roll, pro-
vided that at least a percentage of such electors in each district, equal
to the percentage required in section 75-3914, R. C. M. 1947, for approval
of a bond issue, have voted, then the consolidation sought shall be effect-
ed by order of the county superintendent of schools within ten (10) days
after such election. In the event of a disapproving vote by majority
of votes cast by all the electors or by the electors whose names appear
on the last preceding completed assessment roll or if the percentage of
the electors whose names appear upon the last preceding completed as-
sessment roll and who vote in either of such voting districts is less
than the percentage required in section 75-3914 for approval of a bond
issue, the proposed annexation shall fail.

310

SCHOOLS 75-1813

In case of annexation of any district to any existin*? district or districts,
as herein provided, the proper officers of the annexed districts, within
ten (10) days from the receipt of a copy of the annexation order, shall
turn over to the proper officers of the district or districts to which it is
annexed, all records, funds, and etfects of such annexed district. When a
district is proportionately annexed, as provided herein, section 75-1808,
Revised Codes of Montana, 1947, controls. In case of the formation of a
district by consolidation the proper officers of the discontinued district
or districts in like manner, within ten (10) days after the organization
of the district by consolidation, shall turn over the records, funds, and
effects of such old district to the proper officers of the district created
by consolidation.

In case of creation of a district by annexation, the title to school-
houses and sites of the petitioning district shall vest in the receiving
district or districts in which the schoolhouses and sites are located. The
officers of the receiving district or districts shall continue to hold office
until the end of the terms for which they were duly elected and their
successors shall be regularly elected as provided by law.

School districts created by consolidation or annexation shall be gov-
erned by the general school laws of the state.

Bonded indebtedness of any district resulting from merger by con-
solidation or annexation shall become the indebtedness and obligation of
the consolidated district and be paid by levies imposed upon property
therein, provided that when a third class district is proportionately annexed
to any number of first or second class districts, as herein provided, the
bonded indebtedness, if any, of such third class district shall become the
bonded indebtedness of such first or second class districts in the same
proportions as the taxable valuation of each annexed portion bears to
the total taxable valuation of such third class district.

OPTION B

When severally the boards of trustees of two (2) or more school
districts, in regular meeting called for the publicly announced purpose
of considering plans for consolidation of said two (2) or more districts
and by majority vote of each board of trustees acting separately shall
ask for district consolidation of each and all such petitioning boards,
the county superintendent of schools having jurisdiction of such districts,
within not less than twenty (20) nor more than thirty (30) days, shall
cause notice of election to be given by the clerk in each district seek-
ing election on such proposed consolidation of districts. Such notice
is to be posted in three (3) public places in each such district and pub-
lished in a newspaper published in the county and having general cir-
culation in the school districts, giving the time and place or places spec-
ified in each notice to vote on the question of consolidation without
assumption of bonded indebtedness.

311

75-1813 ELECTION LAWS

superintendent of schools, and shall in each such district seeking con-
solidation be signed by not fewer than twenty per cent (20%) of the
qualified electors in such district. The county superintendent shall within
not less than twenty (20), nor more than thirty (30) days, cause notice
to be given as provided in the next preceding paragraph.

The votes at such election shall be by ballot, which shall read "For
consolidation without assumption of bonded indebtedness" or "Against
consolidation without assumption of bonded indebtedness." The judge
or judges at such election shall, within ten (10) days thereafter, certify
the result of the vote to the county superintendent of the county in
which the district lies.

If the majority of the votes cast in each district holding such
election be for consolidation, it carries, and the superintendent, within
ten (10) days thereafter, shall make a proper order to give effect to such
vote, and shall thereafter transmit a copy thereof to the county clerk
and recorder and to the clerk of each district affected. If the order be
for the formation of a new district, it shall specify the number of such dis-
trict, and the county superintendent shall appoint trustees and desig-
nate the terms of ofiSce to be served by each until subsequent school
elections shall determine their successors.

At the regular election succeeding there shall be elected by the
regularly qualified electors the number of trustees required to replace
those whose terms are expiring. The election of trustees and terms shall
be the same as for other districts under the general school laws.

When, in the interest of reducing costs of operation or improving
the school service for pupils, a board of trustees of a third class dis-
trict seeking to annex its territory to a third class district or districts
maintaining a high school, a second class district or districts, or a first
class district or districts or any combination thereof; a board of trustees
of a third class district maintaining a high school seeking to annex its
territory to a second class district or districts or a first class district
or districts or any combination thereof; or the board of trustees of a
second class district seeking to annex its territory to a first class dis-
trict or districts, shall by majority vote of its members or at the request
of twenty per cent (20%) of the qualified electors of the districts in-
dicated by a petition, ask the county superintendent of schools to annex
the territory and property of such district to any district or districts
as herein provided. As the board resolution or petition requests, the
county superintendent shall, upon an approving vote of the trustees of the
district or districts with which the annexation is sought, authorize an
election in the petitioning district on such annexation within not less
than twenty (20) nor more than thirty (30) days. Notice of such elec-
tion shall be given in the same manner and the same general plan for
balloting shall be utilized on the question of district annexation by
the electors of the petitioning district that is authorized herein for dis-
trict consolidation.

The ballot shall in this case be "For annexation without assumption
of bonded indebtedness" and "Against annexation without assumption of

312

SCHOOLS 75-1813.1

bonded indebtedness." Should the action of the boards of trustees ap-
proving the plan of annexation be approved by majority vote of elec-
tors of the district seeking annexation then the annexation sought shall
be effected by order of the county superintendent of schools within ten
(10) days after such election. In the event of a disapproving vote by
majority of votes cast the proposed annexation shall fail.

In case of annexation of any district to any existing district or
districts, as herein provided, the proper officers of the annexed dis-
tricts, within ten (10) days from the receipt of a copy of the annexa-
tion order, shall turn over to the proper officers of the district or dis-
tricts to which it is annexed, all records, funds, and effects of such
annexed district. When a district is proportionately annexed, as provid-
ed herein, section 75-1808, R. C. M. 1947, controls. In case of the for-
mation of a district by consolidation the proper officers of the discon-
tinued district or districts in like manner, within ten (10) days after
the organization of the district by consolidation, shall turn over the
records, funds, and effects of such old district to the proper officers of
the district created by consolidation.

In case of creation of a district by annexation, the title to school-
houses and sites of the petitioning district shall vest in the receiving
district or districts in which the sehoolhouses and sites are located. The
officers of the receiving district or districts shall continue to hold office
until the end of the terms for which they were duly elected and their
successors shall be regularly elected as provided by law.

School districts created by consolidation or annexation shall be gov-
erned by the general school laws of the state.

Bonded indebtedness of any district resulting from merger by con-
solidation, or annexation shall remain the indebtedness and obligation of
the district which originally incurred such bonded indebtedness and be
paid by levies imposed upon property therein.

History: En. Sec. 407, Ch. 76, L. 1913;
re-en. Sec, 1034, R. C. M. 1921; £umd. Sec,
1, Ch, 201, L. 1943; amd. Sec. 1, Ch. 32, L.
1951; amd. Sec, 1, Ch. 23, L. 1953; amd.
Sec. 1, Ch, 205, L. 1965; amd. Sec. 2, Ch,
271, L. 1967; amd. Sec. 1, Ch. 364, L. 1969.
Cal. Pol. C. Sec. 1577.

75-1813.1, Consolidated districts in two or more counties. (1) Any

two or more school districts that are adjacent and contiguous lying in
two (2) or more counties may be consolidated, either by the formation
of a new district or by the annexation of one or more districts to an existing
district, as hereinafter provided.

When severally the boards of trustees of two (2) or more school dis-
tricts, in regular meeting called for the publicly announced purpose of
considering plans for consolidation of said two (2) or more districts and
by majority vote of each board of trustees acting separately shall ask for
district consolidation of each and all such petitioning boards, the super-
intendents of each county affected having jurisdiction of such districts,
within not less than twenty (20) nor more than thirty (30) days, shall

313

75-1818 ELECTION LAWS

cause a ten (10) days' posted notice to be given by the clerk in each
district seeking election on such proposed consolidation of districts. Such
notice is to be posted in three (3) public places in each such district and
in one (1) or more newspapers of the district or county, if there be such,
giving the time and place or places specified in each notice to vote on the
question of consolidation.

Consolidation of any two (2) or more school districts that are adjacent
and contiguous lying in two (2) or more counties may also be effected
by the people of the districts concerned whenever a petition shall be di-
rected to and received by the county superintendents of schools of each
county affected, and shall in each such district seeking consolidation be
signed by no fewer than twenty per cent (20%) of the qualified electors in
such district. The county superintendents shall within not less than twenty
(20) nor more than thirty (30) days, cause a ten (10) days' posted notice
to be given by the clerk in each district seeking election on such proposed
consolidation of districts. Such notice is to be posted in three (3) public
places in each such district, and in one (1) or more newspapers of the
district or county, if there be such, giving the time and place or places
specified in each notice to vote on the question of consolidation.

(2) The votes at such election shall be by ballot, which shall read
"For consolidation" or "Against consolidation." The presiding officer at
such election shall, within ten (10) days thereafter, certify the result of
the vote to the county superintendents of the counties affected in which
the district lies.

(3) If the majority of the votes cast in each district holding such
election be for consolidation, it carries, and the superintendents of each
county affected, within ten (10) days thereafter, shall in concurrent action
make proper orders to give effect to such vote, and shall thereafter transmit
a copy thereof to the county clerk and recorder of each county affected
and to the clerk of each district affected. If the order be for the formation
of a new district, it shall specify the name and number of such district,
and county superintendents of the counties affected in concurrent action
shall appoint three (3) trustees to serve until the first Saturday in April
succeeding.

(4) At the regular election succeeding there shall be elected by the
regularly qualified electors three (3) trustees, one (1) of whom shall serve
for one (1) year, one (1) for two (2) years, and one (1) for three (3)
years. The election of trustees and terms shall be the same as for other
districts under the general school laws.

(5) Consolidated school districts shall be governed by the general
school laws of the state.

(6) Bonded indebtedness of any district merged by consolidation shall
remain the indebtedness and obligation of the district which originally
incurred such bonded indebtedness and be paid by levies imposed upon
property therein.

History: En. Sec. 1, Oh. 141, L. 1965.

75-1818. (1037.1) Dissolution of joint school districts. A joint school
district may be dissolved in the following manner:

314

SCHOOLS 75-3109

Whenever the majority of the qualified electors residing in that portion
of a joint district situated in one county presents a petition to the county
superintendent of schools of the same county praying for a dissolution of
the district and setting forth briefly the reason therefor, such county
superintendent shall immediately give notice thereof to alt other county
superintendents of counties contributing territory to the joint district,
and shall within twenty (20) days from the date of the receipt of such
petition call an election and fix a date for the holding of same, and
shall notify the clerk of the district to post three notices in the territory of
each county composing the district. Notices must be posted in the most
conspicuous places in the territory and must be posted at least fifteen
days preceding the election. Such notices must specify the purpose and
the date and hour when the polls will be opened and the place at which
the election will be held. Separate elections must be held in each portion
of the district lying in different counties on the same date and hour and
be conducted in the same manner as general school elections. Each county
superintendent of schools must appoint three judges of election for the
territory in his or her county and the result of the election must be certified
by the judges to their respective county superintendents. The county super-
intendents shall meet within five days after the election and determine the
total vote cast throughout the district. If a majority of all votes cast iu
the district are for dissolution, the district must be dissolved ; or in the
event that two-thirds (2/3) of the votes cast in the territory of any county
favor dissolution the district may be dissolved as to such territory; pro-
vided both superintendents of the counties affected are agreed that such
dissolution will not entail an undue hardship to either part of such joint
district, and that there is no good and sufficient reason why such dissolu-
tion should not be made. In case of the failure of a two-thirds (2/3) major-
ity in any portion of the district, as herein provided, or a failure of the
majority of the entire district to vote for dissolution, the district shall not
be dissolved and no election thereon can be held within three (3) years
thereafter. If dissolution carries it shall take effect at the end of the
current school year.
History: En. Sec. 1, Ch. 116, L. 1927.

CHAPTER 31
SCHOOLHOUSE SITES AND CONSTRUCTION

Section 75-3109. Agreements authorized for joint interstate school facilities.

75-3110. Form of agreement — approval by superintendent of public instruc-
tion required.
75-3111. Election on interstate agreement — form of ballot.

75-3109. Agreement authorized for joint interstate school facilities.

The board of trustees of any school district with boundaries adjoining
another state may enter into an agreement and contract with a school
district in such adjoining state to provide for the joint erection, operation
and maintenance of school facilities for both districts upon such terms and

315

75-3110 ELECTION LAWS

conditions as may be mutually agreed upon between such districts in ac-
cordance with the provisions of this act.

History: En. Sec. 1, Ch, 240, L. 1965.

75-3110. Form of agreement — approval by superintendent of public
instruction required. An agreement proposed for adoption by a school board
under this act shall be in the form and contain such terms as may be
prescribed by the superintendent of public instruction and no agreement
shall be submitted to a vote of the people under this act unless it has first
been approved in writing by the superintendent of public instruction.

History: En. Sec. 2, Ch. 240, L. 1965.

75-3111. Election on interstate agreement — form of ballot. An ap-
proved agreement shall be submitted to the electorate of the school district
at a special election called for that purpose or at a regular election for
school trustees. The question on the ballot at said election shall be in sub-
stantially the following form.

"Shall the proposed agreement between this school district and school

district number of county, state of ,

be executed?"
No agreement made pursuant to this act shall be valid until it has been
approved by the electors of the district in the manner herein provided.

History: En. Sec. 3, Ch. 240, L. 1965.

CHAPTER 34

TRANSPORTATION OF PUPILS

Section 75-3403. School board may operate buses or contract for transportation of
pupils — school board may set up depreciation reserve for purchase
of replacement buses and two-way radios for school bus or buses.

75-3403. School board may operate buses or contract for transporta-
tion of pupils — school board may set up depreciation reserve for purchase
of replacement buses and two-way radios for school bus or buses. The

board of trustees shall have the power to purchase, or rent and provide for
the upkeep, care, operation, maintenance, insurance, for two-way radios
and for school buses; or to contract and pay for the transportation of
eligible pupils, such contracts to run for terms not to exceed five (5)
years; and provided further, that each district owning a school bus or
buses may levy a sufficient number of mills to create a reserve of not to
exceed twenty per cent (20%) per year of the original cost of the bus
or buses for which the reserve is created; said fund to be kept separate
and apart from all other funds, and to be used only for the purchase of
the bus or buses needed to replace the bus or buses and two-way radios
for which said reserve was created, unless authorized by a majority of the
votes cast by the qualified electors of the district at an election called for
that purpose. Provided, however, that school district trustees may authorize
as standard equipment, the installation of two-way radios in a school bus

316

SCHOOLS 75-3801

or buses operating in school districts where weather and road conditions

may constitute a hazard to the safety of the school pupil passengers. The

two-way radios may be operated on the same frequency as that used by

the Montana highway patrol and the sheriff of the county, with their

permission and the permission of the federal communications commission

wherein said school bus or buses operate, or any frequency assigned for such

operation by the commission.

History: En. Sec. 3, Ch. 162, L. 1941; Ch. 52, L. 1955; amd. Spc. 1, Ch. 202, L.
amd. Sec. 1, Ch. 163, L. 1951; amd. Sec. 1, 1957; amd. Sec. 1, Ch.. 74, L. 1965.

CHAPTER 37

FINANCE

Section 75-3717. Building and furnishing fund.
75-3719. Transfer of funds — election.

75-3717. (1208) Building and furnishing fund. The county treasurers
of the several counties of this state shall transfer all moneys so paid into
said treasury as provided for in the preceding section or that may now
be in such treasury, derived from said source, to the school fund of the
school district in which said town is situated, which shall be paid out on the
order of the school trustees of such district as provided for in section
75-3718; and which said moneys shall be by said treasurer set apart as
a special fund for the purpose of building and furnishing schoolhouses, and
shall be used for such purpose alone, unless otherwise ordered, as provided
for in this chapter.

History: En. Sec. 1945, 5th Div, Comp. 2007, Oh. 76, L. 1913; r»^n. Sec. 1208,
Stat. 1887; re-en. Sec. 1946, Pol. C. 1895; R. C. M. 1921.
re-en. Sec. 1000, Rev. C. 1907; amd. Sec.

75-3719. (1210) Transfer of funds — election. Said fund may be used

for general school purposes, if a majority of the qualified electors of such

district shall so elect, upon such question being duly submitted to them

at any regular or special election therefor.

History: Ap. p. Sec. 1947, 5th Div. Sec. 2009, Ch. 76, L. 1913; re-en. Sec. 1210,
Comp. Stat. 1887; re-en. Sec. 1948, Pol. C. R. C. M. 1921.
1895; re-en. Sec. 1002, Rev. C. 1907; amd.

CHAPTER 38
EXTRA TAXATION FOR SCHOOL PURPOSES

Section 75-3801. District school taxes — election.

75-3802. Notice of election.

75-3803. Purposes of levy to be submitted — use of funds.

75-3804. Form and marking of ballot — conduct of election.

75-3805. Challenging voters — oath of elector — false swearing.

75-3806. Building reserve fund — election.

75-3801. (1219) District school taxes— election. (1) Whenever the
board of trustees of any school district shall deem it necessary to raise
money by taxation in excess of the levy required to meet its maximum

317

75-3801 ELECTION LAWS

budgets as specified in section 75-] 713.1, for the purpose of maintaining
the schools of said district, or building, altering, repairing or enlarging
any schoolhouse or houses of such district, for furnishing additional school
facilities for said district, or for any other purpose necessary for the proper
operation and maintenance of the schools of said district, said board of
trustees shall determine and fix the amount necessary and required for
such purpose or purposes in addition to the maximum budgets herein-
before provided for, and it shall submit the question of an additional
levy to raise said excess amount to the qualified electors residing within
the district who are taxpayers and whose names appear upon the last
completed assessment roll of the county for state, county and school
taxes, either at the regular annual election held in said district, or at
a special election called for that purpose by the board of trustees of
said district. Such election shall be called by resolution in the same
manner as provided for other school elections, and shall be held prior
to August first.

(2) Whenever the board of trustees of any district or county high
school shall deem it necessary to raise money by taxation in excess of
the levy required to meet its maximum budgets as specified in section
75-4518.1 for the purpose of maintaining the high schools of said district
or the county high school, or building, altering, repairing or enlarging
any schoolhouse or houses of such district or county high school, for
furnishing additional school facilities for said district, or county high
school, or for any other purpose necessary for the proper operation and
maintenance of the schools of said district, or county high school, said
board of trustees shall determine and fix the amount necessary and
required for such purpose or purposes in addition to any other legal
levies on the district, including the approved addition to its foundation
program hereinbefore provided for, and in the case of the district high
school it shall submit the question of an additional levy to raise said
amount to the qualified electors residing within the district who are
taxpayers and whose names appear upon the last completed assess-
ment roll of the county for state, county and school taxes, either at
the regular annual election held in said district or at a special elec-
tion called for that purpose by the board of trustees of said district.
In the case of the county high school the board shall submit the ques-
tion of an additional levy to raise said amount to the qualified elec-
tors residing within the county, exclusive of those residing within any
district maintaining a district high school in the county, who are tax-
payers and whose names appear upon the last completed assessment roll
in the county for state, county and school taxes, either at the regular
annual elections held in said districts, or special elections called for
that purpose by the board of trustees of said county high school. Such
election shall be called by resolution in the same manner as provided
for other school elections, and shall be held prior to August first; and
provided, further, that the provisions of this act shall not prevent the
voting of a special levy on a high school district as provided for in
chapter 130, Laws of 1949 (75-4609).

318

SCHOOLS 75-3804

History: En. Sec. 1, Ch. 93, L. 1917; amd. Sec. 1, Ch. 210, L. 1951; amd. Sec.

re-en. Sec. 1219, R. C. M. 1921; amd. Sec. 2, Ch. 247, L. 1953; amd. Sec. 12, Ch.

1, Ch. 120, L. 1925; amd. Sec. 1, Ch. 144, 267, L. 1963; amd. Sec. 1, Ch. 140, L.
L. 1935; amd. Sec. 12, Ch. 199, L. 1949; 1967; amd. Sec. 1, Ch. 168, L. 1969.

75-3802. (1220) Notice of election. Where the question of making

such additional levy is so submitted, notice thereof shall be given by posting

the same at each schoolhouse in said district, at least ten days before such

election, or by publication thereof for a like period before such election in

each newspaper published in said district, or by both such notice and

publication.

History: En. Sec. 2, Ch. 93, L. 1917;
re-en. Sec. 1220, R. C. M. 1921.

75-3803. (1221) Purposes of levy to be submitted — use of funds. In

submitting such question there shall be specified the amount to be raised by
such additional tax levy and the approximate number of mills required to
raise such amount and the purpose for which the same is to be expended
and if authorized the money raised by such additional tax levy shall be used
for that specified purpose only; provided, that if any balance remains on
hand after the purpose for which said levy was made has been accom-
plished, said balance may, by the vote of the trustees of said district, be
transferred to any other fund of such district.

History: En. Sec. 3, Ch. 93, L. 1917;
re-en. Sec. 1221, R. C. M. 1921; amd, Sec.

2, Ch. 144, L. 1935.

75-3804. (1222) Form and marking of ballot — conduct of election.

The ballot furnished electors at said election shall have printed thereon
the following: "Shall a levy be made in addition to the levies authorized
by law in such number of mills as may be necessary to raise the sum
of (state the amount to be raised by additional tax levy) for the purpose
of (insert the purpose for which the additional tax levy is made)?"

□ For an additional levy to raise the sum of (state the amount to be

raised by additional tax levy), and being approximately (give num-
ber) mills.

□ Against an additional tax levy to raise the sum of (state amount to be

raised by additional tax levy), and being approximately (give num-
ber) mills.
The voters shall mark the ballots in the same manner as ballots are
marked under the election laws of this state. The election shall be held,
votes canvassed and returns made as in other school elections. If the
majority voting on the question are in favor of such additional levy, the
board of trustees of said school district shall so certify to the board of
county commissioners of the county in which said school district is situ-
ated the amount authorized by such election to be raised by such addi-
tional levy and such board of county commissioners shall make such
additional levy in such number of mills as will raise such amount in the
same manner that the levy for special taxes in said district is made.

History: En. Sec. 4, Ch. 93, L. 1917; 3, Oh. 144, L. 1936; am<L Sec. 1, Ch. 281,
re-en. Sec. 1222, B. C. If. 1921; amd. Sec L. 1959.

319

75-3805 ELECTION LAWS

75-3805. (1223) Challenging voters — oath of elector — false swearing.

Any person offering to vote may be challenged by any elector of the district,

and the judges must thereupon administer to the person challenged an oath

or affirmation, in substance as follows:

"You do solemnly swear (or affirm) that you are a citizen of the United

States ; that you are twenty-one years of age ; that you have resided in this

State one year and in this school district thirty days next preceding this

election ; that you are a taxpayer on the last assessment roll from this

school district ; and that you have not voted this day. So help you God."

Said oath shall be reduced to writing and signed by the person challenged

and sworn to before one of the judges of election. Said oath or affirmation

shall be returned with the ballots cast at such election. If the voter takes

oath or affirmation, his vote must be received ; otherwise, it will be rejected.

Any person who shall swear falsely before any such judge of election shall

be guilty of perjury, and shall be punished accordingly.

History: En. Sec. 5, Ch. 93, L. 1917; 2, Ch. 120, L. 1925; ajnd. Sec. 1, Oh. 31,
re-en. Sec. 1223, R. C. M. 1921; amd. Sec. L. 1941.

75-3806. Building reserve fund — election. (1) The board of trustees
of any school district may, whenever a majority thereof so decide, submit
to the electors of the district the question whether the board shall be
authorized to create a building reserve fund of a certain amount, to be
raised within a specified number of years, for the purpose of the erection,
equipping or enlargement of school buildings, teacherages, garages, or
other buildings needed for school purposes. The reserve fund shall not
exceed five (5) per cent of the value of the taxable property in the district.
If created, the fund shall be held by the county treasurer and by him
credited to the school district creating same, to be used for the purposes
specified in this section and not for any other purpose. Whenever the
county has under its control any moneys credited to the fund from taxa-
tion or from the sale of bonds by a school district for a building reserve
fund for which there is no immediate demand, which in the judgment of
the governing body of the school district it would be advantageous to
invest in any interest-bearing deposits in a state or national bank insured
by the F.D.I.C, or obligations of the United States of America, either
short-term or long-term, such governing body may in its discretion direct
the county treasurer to make such investments. Interest earned from such
investments, except interest on the sale of bonds accrued in the period
between the date of issue and the time of purchase which must be
credited to the sinking fund, may be credited to the sinking fund of the
school district or to the fund from which the money was withdrawn.
The trustees may authorize expenditures from interest earned, except
as provided above, for furnishing and equipping the buildings for which
the bonds were sold.

(2) The election shall be held in the manner prescribed for election
on the issuance of school bonds, except that the ballots must contain the
words "building reserve fund, yes" and "building reserve fund, no." If the
majority of the votes at the election are "building reserve fund, yes," the

320

SCHOOLS 75-3908

clerk of the district shall immediately notify the board of county com-
missioners and the county treasurer, and the board of county commissioners
shall thereafter levy annually the tax necessary to raise the funds for the
number of years specified. The funds shall be kept in the custody of the
county treasurer until sufficient funds have been raised to commence the
building contemplated by the school district.

(3) At any time after the raising of a building reserve fund has been
commenced by any school district, the board of school trustees may submit
to the electors of the district, as provided by law, the question whether
the board shall be authorized to issue bonds of the district for the balance
of the building reserve fund. If both reserve funds and bond funds are
needed for the purposes authorized herein, the reserve funds must be used
prior to using funds for the issuance and sale of bonds. If the bonds are
authorized, the annual building reserve fund levy shall be discontinued by
the board of county commissioners when the levy is commenced for payment
of the bonds.

History: En. Sec. 1, Ch. 85, L, 1967;
amd. Sec, 3, Ch. 268, L. 1969.

CHAPTER 39
BONDS

Section 75-3908. Petition and election required for bond issues for other purposes.
75-3909. Form, contents and proof of petition.
75-3910, Meeting of board of trustees to consider petition and calling of

election — notice of election — form.
75-3911. Preparation of ballots — form.

75-3912. Who entitled to vote — list of electors and precinct registers.
75-3913. Conduct of election — voting by absent electors.
75-3914. Percentage of electors required to authorize bond issue.
75-3915. Meeting of board of trustees to canvass election returns — resolution

for bond issue.
75-3916. Form of notice of sale of bonds.
75-3937. Signers required on petition for bond elections in school districts,

cities and towns and counties.
75-3938. Qualification of voters.

75-3908. (1224.8) Petition and election required for bond issues for
other purposes. School district bonds for any other purpose than those
stated in sections 75-3906 and 75-3907, shall not be issued unless author-
ized at a duly called election at which the question of issuing such bonds
was submitted to the electors of the school district; and no such election
shall be called unless proceedings have been commenced by resolution upon
the part of the board of trustees of the school district of its own motion and
without any petition being filed therefor or unless there has been presented
to the board of trustees a petition asking that such election be held and
such question be submitted, signed by not less than twenty per centum
(20%) of the qualified registered electors residing within the school district,
who are taxpayers upon property therein and whose names appear on
the last completed assessment roll for state, county and school district taxes.

History: En, Sec, 8, Ch, 147, L, 1927;
amd. Sec. 1, Ch. 54, L. 1967.

321

75-3909 ELECTION LAWS

75-3909. (1224.9) Form, contents and proof of petition. The petition
for the calling of an election to vote upon the question of issuing school dis-
trict bonds shall plainly state the purpose of the proposed bond issue and
shall estimate the amount of bonds necessary to be issued for such purpose
or purposes. AVhen the bonds sought to be issued are for two or more pur-
poses, the amount to be issued for each single purpose shall be separately
estimated in the petition. It may be in the form of one single petition or
consist of more than one petition, all being identical in form and fastened
together, after being circulated and signed, so as to form one petition before
being delivered to the county clerk as hereinafter provided. The school
district clerk or any one or more qualified electors of the school district
may circulate the petition or petitions, and the clerk or each elector cir-
culating such petition shall subscribe or attach to each of the petitions,
circulated by him, an affidavit to the effect that the signatures are genuine
and that the signers knew the contents thereof at the time of signing the
same. The completed petition, before being presented to the board of school
trustees, shall be delivered to the county clerk and recorder of the county
in which the school district is situated, who shall examine the same and
shall endorse thereon or attach thereto his certificate, which certificate
shall set forth :

(a) The total number of persons who are registered electors and tax-
payers upon property within the school district whose names appear on the
last completed assessment roll for state, county and school district taxes.

(b) Which and how many of the persons whose names are subscribed
to the petition are possessed of all of these qualifications.

(c) Whether such qualified signers constitute more or less than twenty
per centum (20%) of such registered electors and taxpayers within the

district.

The county clerk and recorder shall promptly deliver or transmit such
petition, with his certificate endorsed thereon or attached thereto, to the
clerk of the board of school trustees of such district.
History: En. Sec. 9, Oh. 147, L. 1927.

75-3910. (1224.10) Meeting of board of trustees to consider petition
and calling of election — ^notice of election — form. Upon such petition being
received by the clerk of the school district, a meeting of the board of trus-
tees shall be called to consider the same. The board of trustees shall be the
judges of the sufficiency of the petition and the findings of such board
shall be conclusive against the school district in favor of the innocent holder
of bonds issued pursuant to the election called and held by reason of the
presentation of such petition. If it is found that the petition is in proper
form and bears the requisite number of signatures, the board shall pass and
adopt a resolution which shall recite the essential facts in regard to the
petition and its presentation, fix the exact amount of bonds proposed to b*^
issued, which may be more or less than the amount estimated in the petition,
determine the number of years through which the bonds are to be paid,
fix the date of election, which shall not be less than twenty (20) days, nor

322

SCHOOLS 76-3910

more than thirty (30) days after the date of the passage and adoption of
such resolution, appoint three electors of the district who are qualified to
vote at such election to act as judges of election, at each voting place and
direct the clerk to give notice of such election. The notice of election shall
designate one or more school houses in said school district as voting places
and be in substantially the following form :

NOTICE OF SCHOOL DISTRICT BOND ELECTION.

"Notice is hereby given by the undersigned clerk of School District No.

of County, State of Montana, that pursuant to a

certain resolution duly adopted at a meeting of the board of trustees of

said school district held on the day of , A. D.,

19 , an election of the registered qualified electors of School District

No of County, State of Montana, who are tax-
payers therein and whose names appear on the last completed assessment
roll for state, county and school district taxes prior to the holding of such

election, will be held on the day of , A. D., 19 ,

at for the purpose of voting upon the question of whether

or not the board of school trusteeiS shall be authorized to issue and sell

bonds of said school district in the amount of dollars,

($ ), bearing interest at a rate not exceeding six per centum (6%)

per annum, payable semi-annually, for the purpose of (here

state purpose) The bonds to be issued will be either

amortization or serial bonds, and amortization bonds will be the first
choice of the board of trustees. The bonds to be issued, whether amortization

or serial bonds, will be payable in installments over a period of

(state number) years.

The polls will be open from o'clock .... m. and until o'clock ....m.

of the said day.

Dated and posted this day of , A. D., 19

Clerk of School District No

of County, State of Montana."

If the bonds proposed to be issued are for more than one purpose, then
each purpose shall be separately stated in the notice together with the pro-
posed amount of bonds therefor.

The school district clerk shall, not less than fifteen (15) days before the
day specified for such election, post notice of such election in not less than
three (3) public places within the district, and in incorporated cities and
towns at least one (1) notice must be posted at each voting place desig-
nated for such election.

In school districts of the first class the board of trustees must also cause

the notice to be published once a week for two (2) successive weeks in some

newspaper of general circulation in the district, if one be published therein,

in addition to such posting.

History: En. Sec. 10, Cli. 147, L. 1927;
amd. Sec. 4, Ch. 178. L. 1939.

323

75-3911 ELECTION LAWS

75-3911. (1224.11) Preparation of ballots — form. The school district
clerk shall cause ballots to be prepared for all such bond elections, and
whenever bonds for more than one purpose are to be voted upon at the same
election, separate ballots shall be prepared for each purpose. All such ballots
shall be substantially in the following form:

OFFICIAL BALLOT
SCHOOL DISTRICT BOND ELECTION

INSTRUCTIONS TO VOTERS : Make an X or similar mark in the va-
cant square before the words "BONDS — YES" if you wish to vote for the
bond issue ; if you are opposed to the bond issue make an X or similar mark
in the square before the words "BONDS— NO."

Shall the board of trustees be authorized to issue and sell bonds of this
school district in the amount of dollars ($ ) bear-
ing interest at a rate not exceeding six per centum (6%) per annum, pay-
able, semi-annually, during a period not exceeding years, for the

purpose of (here state the purpose the same way as in

the notice of election).

n BONDS— YES.

D BONDS— NO.

History: En. Sec. 11, Ch. 147, L. 1927;
amd. Sec. 5, Ch. 178, L. 1939.

75-3912. (1224.12) Who entitled to vote— list of electors and precinct
registers. In all school district bond elections hereafter held only quali-
fied registered electors residing within the district who are taxpayers
upon property therein and whose names appear upon the last completed
assessment roll for state, county and school district taxes, shall have the
right to vote, provided however, that no such elector, otherwise qualified
hereunder, shall be denied the right to vote by reason of the fact that the
polling place for a general election for the precinct wherein he resides
and is entitled to vote, lies within another School district. Upon the adop-
tion of the resolution calling for the election, the clerk of the school dis-
trict shall notify the county clerk of the date on which the election is to
be held, and qualified persons shall be allowed to register for such elec-
tion up till noon of the fifteenth (15) day prior to the date thereof. At
that time the registration books shall be closed for such election, but it
shall not be necessary to give any notice of such closing of the registration
books.

After the closing of the registration books for such election the
county clerk shall promptly prepare lists of the registered electors of
such district who are taxpayers upon property therein and whose names
appear on the last completed assessment roll for state, county and school
district taxes, and who are entitled to vote at such election, and shall
prepare precinct registers for such election, as provided in section 2^-515,
and deliver the same to the school district clerk who shall deliver the
same to the judge prior to the opening of the polls. In school districts
of the first class it shall be the duty of the school district clerk to post

324

SCHOOLS 75-3914

such lists in five (5) public and conspicuous places within the district at
least ten (10) days prior to the date of election. It shall not be necessary
to post such lists in districts of the second and third class. A charge of
five cents per name for the use and benefit of the county shall be made
by the county clerk for preparing such list and precinct registers.

History: En. Sec. 12, Ch. 147, L. 1927;
amd. Sec. 19, Ch. 64, L. 1959; amd. Sec.
1, Ch. 127, L. 1959.

75-3913. (1224.13) Conduct of election— voting: by absent electors.

The bond election shall be conducted in the manner prescribed for the
election of school trustees and return shall be made and canvassed in a
similar manner. Any qualified elector entitled to vote at any school bond
election who is absent from the county or who is physically incapacitated
from attending the polling place at such election may vote thereat by
complying with the provisions of Chapter 13 of Title 23 of the Revised
Codes of Montana, 1947, as amended, except that the application of an
absentee or physically incapacitated person for ballot may be made at any
time within fifteen (15) days next preceding such bond election.

The school district clerk whose duty it is to cause the ballots to be
prepared for the bond election shall furnish the county clerk with a supply
of ballots prior to the fifteenth day next preceding the election for the use
of the county clerk in furnishing ballots to applicants for absent voters'

ballots.

The county clerk shall deliver to the judges of election at the opening
of the polls all absent voters' ballots that he shall have received up to that
time from absent or physically incapacitated electors. The procedure set
out in Chapter 13 of Title 23 of the Revised Codes of Montana, 1947, as
amended, shall apply to the voting by absent electors with respect to school
bond elections.

History: En. Sec. 13, Ch. 147, L. 1927;
amd. Sec. 1, Ch. 203, L. 1955.

75-3914. (1224.14) Percentage of electors required to authorize bond
issue. Whenever the question of issuing bonds for any purpose is sub-
mitted to the qualified electors of a school district at either a general
or special school election if forty (40) per centum of the qualified electors
entitled to vote on such question at such election vote thereon and a
majority of such votes shall be cast in favor of such proposition then
said proposition shall be deemed to have been approved and adopted;
provided, moreover, that if less than forty (40) per centum, but more
than thirty (30) per centum of such qualified electors vote on such
question at such election and sixty (60) per centum or more of such votes
shall be cast in favor of such proposition, then such proposition shall be
deemed to have been approved and adopted, otherwise such question shall
be deemed to have been rejected.

History: En. Sec. 14, Ch. 147, L. 1927;
amd. Sec. 1, Ch. 40, L. 1935; amd. Sec. 1,
Ch. 7, L. 1937; amd. Sec. 1, Ch. 103, L.
1969.

325

75-3915 ELECTION LAWS

75-3915. (1224.15) Meeting of board of trustees to canvass election re-
turns— resolution for bond issue. If such election shall authorize the
issuance of such bonds, the board of trustees shall within sixty (60) days
from the date of such election pass and adopt a resolution providing for
the issue of the bonds ; provided that such bonds may be issued in one or
more series or installments as the board may in such resolution direct. This
resolution shall recite the amount of bonds to be issued, the maximum rate
of interest, the purpose of the issue, the date they shall bear, and the period
of time through which they shall be paid, and providing the manner of
execution of same. It shall provide for giving preference to amortization
bonds, but shall fix the denomination of serial bonds in case it shall be
found necessary to issue bonds in that form, and shall direct the clerk
to give notice of the sale of the bonds.
History: En. Sec. 15, Ch. 147, L. 1927.

75-3916. (1224.16) Form of notice of sale of bonds. The notice of sale
shall state the purpose or purposes for which the bonds are to be issued and
the amount proposed to be issued for each purpose, and shall be substan-
tially in the following form :

"NOTICE OF SALE OF SCHOOL DISTRICT BONDS.

Notice IS hereby given by the board of trustees of School District No

of County, State of Montana, that the said board of

trustees will on the day of , 19 , at the hour

of o'clock ...m. at , in the said school district, sell

to the highest and best bidder for cash, either amortization or serial bonds

of the said school district in the total amount of dollars,

($ ), for the purpose of

Amortization bonds will be the first choice and serial bonds will be the
second choice of the said school board.

If amortization bonds are sold and issued, the entire issue may be put
into one single bond or divided into several bonds, as the said board of
trustees may determine upon at the time of sale, both principal and interest

to be payable in semi-annual installments during a period of j'^ears

from the date of issue.

If serial bonds are issued and sold they will be in the amount of

dollars, ($ ) each, except the first bond which will be in

the amount of dollars, ($ ) the sum of

dollars ($ ) of the said serial bonds will become payable

on the day of , 19 , and the sum of

dollars, ($ ) will become payable on {he same day each

year thereafter until all of such bonds are paid.

The said bonds, whether amortization or serial bonds, will bear date of

, 19 , and will bear interest at a rate not exceeding six

per centum (6%) per annum, payable semi-annually, on the day

of (month) and

326

SCHOOLS 75-3938

(month) in each year, and will be redeemable in full.

(Here insert optional provisions, if any, to be recited on the bonds.)

The said bonds will be sold for not less than their par value with
accrued interest, and all bidders must state the lowest rate of interest at
which they will purchase the bonds at par. The board of trustees reserves
the right to reject any and all bids and to sell the said bonds at private sale.

All bids other than by or on behalf of the state board of land commis-
sioners must be accompanied by a certified check in the sura of

dollars, ($ ) payable to the order of the clerk, which will

be forfeited by the successful bidder in the event that he shall refuse to
purchase the said bonds.

All bids should be addressed to the undersigned clerk.

Chairman, School District No

of County.

Address :

ATTEST :

Clerk, School District No

of County.

Address: "

History: En. Sec. 16, Ch. 147, L. 1927;
amd. Sec. 6, Cb. 178, L. 1939.

7&-3937. (1252) Signers required on petition for bond elections in
school districts, cities and towns and counties. No election for the issuance
of bonds of any school district, or of any town, or city, or county shall be
called except upon presentation of a petition therefor to the board of
school trustees, or to the town or city council, or to the board of county
commissioners, as the case may be, signed by at least twenty per cent of
the qualified registered electors who are taxpayers upon property within
said school district, town, city or county, and whose names appear on the
assessment-roll for the year next preceding such election, praying for the
calling of said election; provided that the board of county commissioners,
board of school trustees, town or city council, as the case may be, shall
determine as to the sufficiency of such petition, and the findings of such
governing body shall be conclusive against the municipality in favor of any
innocent holder of the bonds issued under and by virtue of authority con-
ferred by election provided by this act.

History: En. Sec. 1, Ch. 104, L. 1921;
re-en. Sec. 1252, B. C. M. 1921.

75-3938. (1253) QuaJiflcation of voters. In all elections hereafter held
for the issuance of bonds of any school district, town or city, only qualified
registered electors who are taxpayers upon property therein, and whose
names appear on the assessment-roll for the year next preceding such
election, shall be entitled to vote thereat; provided, however, that no

327

75-4103 ELECTION LAWS

such elector, otherwise qualified hereunder, shall be denied the right to
vote by reason of the fact that the polling place for a general election for
the precinct wherein he resides and is entitled to vote, lies within another
school district, town or city.

History: En. 8t)C. 2, Oh. 104, L. 1921; Sec. 1253, E. 0. M. 1921; amd. Sec. 1, Cli.
amd. Sec. 1, Oh. 17, Ex. L. 1921; re-en. 79, L. 1969.

CHAPTER 41

HIGH SCHOOLS— COUNTY^UNIOR AND DISTRICT-
JOINT SCHOOL SYSTEMS

Section 75-4103. Board of trustees of county high schools.

75-4112. Bond issues, submission to electors of question.

75-4113. Duty of board of county commissioners.

75-4116. County bond iasne for county and district high schools.

75-4120. Authority to abolish or to unify.

75-4120.1. Procedure for unification of county high school.

75-4120.2. Appointment and terms of additional trustees after unification —
county as high school district.

75-4120.3. Adoption of budget after unification.

75-4121. Petition to abolish county high school to be filed.

75-4122. Commissioners to submit question.

75-4123. Publication of notice and preparation of pollbooks.

75-4124. Further notice required — manner of holding election — ballots.

75-4125. Action by board of county commissioners when election favors
abolishing county high school.

75-4126. When election favors retaining high school.

75-4147. Junior high schools — authority to establish in district having no ac-
credited high school.

75-4148. Petition — resolution of board — approval of superintendent of public
instruction.

75-4149. Submission of question.

75-4150. Application and submission of question when bonds are to be issued.

75-4151. Election.

75-4152. Duty of board if establishment of junior high school be approved.

75-4153. Issuance of bonds.

75-4103. (1262.3) Board of trustees of comity high schools. Every
county high school shall be under the general supervision and control of
a board of trustees consisting of seven members, one of whom shall be
the county superintendent of schools of the county wherein such county
high school is located, and six of whom shall be appointed by the board
of county commissioners of the said county. Provided, however, whenever
the county commissioners receive a petition signed by fifteen per cent
of the qualified electors in the county high school district requesting the
election, the county commissioners of the county shall within not less than
thirty days nor more than sixty days thereafter, submit to the electors in
the county high school district the following question :

Shall the board of trustees of the county

high school district be elected?

□ For the election of trustees.

□ Against the election of trustees.

If a majority of all of the votes cast be in favor of electing a board of
trustees, then the provisions of sections 75-4104 and 75-4105 of the Re-

328

SCHOOLS 75-4103

vised Codes of Montana, 1947, shall no longer be applicable, but the fol-
lowing sections shall apply :

Four of the trustees to be elected shall come from the elementary
school district in which the county high school is located, and the county
commissioners and the county superintendent of schools shall immedi-
ately district the remaining portion of the county high school district
into three trustee districts, and each district shall be entitled to one mem-
ber on the county high school board.

The election of seven school trustees of the county high school shall
be held on the first Saturday in April of every year to fill the expired
terms of trustees, and the term of office of trustees after the first election
of the county high school board shall be for three years. However, at
the first election, four of the trustees elected shall be residents of the
elementary school district where the high school is situated and three
of the trustees elected shall be residents of the respective trustee districts
set up by the board of county commissioners and the county superintendent
of schools.

At the first election the four trustees elected from the elementary
school district where the high school is located shall cast lots to determine
which two shall hold office for one year, which one for two years and
which one for three years. The three trustees elected from the trustee
districts set up by the board of county commissioners and the county
superintendent of schools shall cast lots to determine which one shall hold
office for one year, which one for two years and which one for three years.

The procedures for calling and holding elections, and for the assumption
of office, for first class school districts, set forth in R. C. M. 1947, section
75-1607 through 75-1613, shall govern the elections provided for in this
act, the words "clerk of the district and county superintendent of schools"
being synonymous with "the county clerk and recorder" when the former
is used in the sections referred to, and the words "board of trustees" being
synonymous with the words "county commissioners," if a majority of all
the votes cast be in favor of electing a board of trustees of the county
high school. Upon the election and qualification for office as hereinbefore
set forth of all seven of the elected trustees, the county superintendent of
schools shall no longer be a member of the board of trustees.

Any twenty-five electors qualified to vote in the election, shall file with
the county clerk and recorder of the county, the nominations of as many
persons as are to be elected to the county high school board at the elec-
tions herein provided for, at least twenty days preceding the election. The
county clerk and recorder shall cause the names to be printed on a ballot
not inconsistent with the provisions of the law relating to the election of
other candidates.

Every citizen of the United States of the age of twenty-one years or
over who has resided in the state of Montana for one year, and thirty
days in the elementary school district or the trustee district as designated
above, next preceding the election, shall be eligible for the office of school
trustee and entitled to vote thereat.

Absence from the school district or trustee district for sixty consecu-
tive days, or failure to attend three consecutive meetings of the board of

329

75-4112 ELECTION LAWS

trustees without good cause, shall constitute a vacancy in the office of
trustee. When a vacancy occurs in the county high school board from
any cause whatever, the fact shall be immediately certified by the secre-
tary of the high school board to the board of trustees of the high school
who shall immediately appoint, in writing, a qualified person, resident of
the school or trustee district where the vacancy occurs and who shall serve
until the next election as stated herein. At the next election, a new trustee
shall be elected to fill the unexpired portion of the vacated term, from
the district in which the vacancy occurs.

History: En. Sec. 3, Ch. 148, L. 1931;
amd. Sec. 1, Ch. 278, L. 1959.

75-4112. (1262.12) Bond issues, submission to electors of question. If

in any county maintaining a county high school in which no district high
school is maintained not less than twenty per centum (20%) of the registered
voters who on the last completed assessment roll of the county were
assessed in their own names on real or personal property in the county shall
present to the board of trustees of the county high school a petition asking
that there be submitted the question whether bonds of the county shall be
issued for the purchase or erection of a high school building or buildings
and/or for the repairing, remodeling, or enlarging thereof, and/or for
the purchase of equipment thereof, and/or for the purchase, erection and/or
equipment of a high school dormitory or dormitories, or gymnasium, and/or
for the purchase of a suitable site or sites for such buildings, or any of
them, and/or to retire or refund any outstanding bonds issued for any of
the purposes foregoing, and if such petition shall specify therein the amount
of the bonds to be issued, and if the board of trustees of the county high
.school shall upon the presentation to it of the said petition, approve the
same, and the issuance of bonds of the county to the amount therein men-
tioned and for the purpose or purposes therein specified, the secretary of
the said board shall forthwith in the name of the board of trustees request
the board of county commissioners of the county to submit without delay
to the registered voters of such county the question whether bonds of the
county shall be issued and sold to the amount and for the purpose or
purposes in the petition set forth.

History: En. Sec. 12, Ch. 148, L. 1931.

75-4113. (1262.13) Duty of board of county commissioners. Imme-
diately upon the receipt of any such request it shall be the duty of the board
of county commissioners to submit such question to the registered and
qualified electors of the county in the manner otherwise provided by law
for the submission of the question of the issuance of other county bonds.
If a majority of the registered and qualified electors of the county, voting
upon the question so submitted, shall approve such issue, then the board
of county commissioners shall forthwith issue and market the bonds author-
ized as in the case of other county bonds.
History: En. Sec. 13, Oh. 148, L. 1931.

330

SCHOOLS 75-4120.1

75-4116. (1262.15) County bond issue for county and district high
schools. In any county where a county high school and also one (1) or
more accredited district high schools are maintained bonds of the county
may likewise be issued in accordance with the provisions of this chapter
and for any of the purposes aforesaid, the proceeds of such issue to be
divided among the county high school and accredited district high school,
or schools of the county. The question submitted to the electors of the
county shall definitely state the amount which is to be allotted to the
county high school and the amount which is to be apportioned to or among
the accredited district high school, or schools; and in all such cases the
amount allotted to the county high school and the amount to be apportioned
among the accredited district high school or schools shall be computed
upon the basis of the taxable valuation of the county high school district,
and of all the accredited district high school districts of the county during
the year preceding the submission of the question of the bond issue ; pro-
vided, that in counties which have not been divided into high school dis-
tricts, the distribution shall be computed upon the basis of the taxable
valuation of the common school district in which the county high school is
located, and the taxable valuation of all the common school districts main-
taining district high schools in the county during the year preceding the
submission of the question of the bond issue provided, further, that
moneys apportioned to any high school district or common school district
under this act, exclusive of the county high school, shall not be expended
until the purpose for such expenditure has been approved by a vote of
the people of the district at an election conducted in the same manner
as the election to vote on extra taxes for school purposes.

History: En. Sec. 15, Oh. 148, L. 1931;
amd. Sec. 1, Ch. 233, L. 1965.

75-4120. (1262.19) Authority to abolish or to unify. Any county in
which a county high school has been established may abolish such county
high school or unify it with and make it a part of the public school system
of the school district in which it is located and dispose of all property be-
longing thereto in the manner provided in this chapter.

History: En. Sec. 19, Ch. 148, L. 1931;
amd. Sec. 1, Ch. 261, L. 1963.

75-4120.1. Procedure for unification of county high school. A county
high school may be unified with and made a part of the school district in
which the county high scho^ol is located in the following manner: If the
board of trustees of the county high school and the board of trustees of
the school district in which the county high school is located shall each
pass a resolution requesting unification and an election thereon and shall
each file copies of the respective resolutions with the county superintendent
of schools, or if a petition signed by ten per cent (10%) of the qualified
electors of the high school district where the county high school is located,
or of the county if it is not divided into high school districts, is filed with
the county superintendent requesting that an election on the question of
unification be held, the county superintendent within not less than twenty

331

75-4120.2 ELECTION LAWS

(20) nor more than thirty (30) days shall cause notice of election to be
given by posting and publication. The question shall be submitted to the
qualified electors of the high school district where the county high school
is located or to the qualified electors of the county if it is not divided into
high school districts. The notice shall be posted in three (3) public places
in each school district of the high school district, or of the county if it is
not divided into high school districts, and at least one (1) voting place
shall be provided in each such school district. The notice shall also be
published once in a newspaper published in the county and having general
circulation therein. The notice shall specify the voting places, the time
when the polls shall be open and that the question to be submitted is FOR
or AGAINST unification.

If a majority of the votes cast at such election shall be FOR unifica-
tion the county superintendent shall make an order that unification shall
be effective the following July 1.

If a majority of the votes cast at such election shall be AGAINST uni-
fication the county superintendent shall so declare.

Persons qualified to vote for school trustees shall be eligible to vote at
the election provided for herein and as far as applicable the statutes re-
lating to the election of school trustees shall govern such election.
History: En. Sec. 1, Ch. 37, K 1965.

75-4120.2. Appointment and terms of additional trustees after unifica-
tion— county as high school district. If unification is accomplished, immed-
iately after the effective date the county superintendent of schools in those
counties which have been divided into high school districts shall appoint
additional board of trustee members in the manner provided by section
75-4601, R. C. M. 1947, if the majority of the school districts lying within
the high school district so request. If the county has not been divided into
high school districts, the county shall immediately upon unification, become
a high school district in its entirety in the same manner as if action had
been taken under section 75-4602, R. C. M. 1947. Members appointed by
the county superintendent of schools shall hold office until the next annual
school election when there shall be elected a trustee to replace each ap-
pointed member.

History: En. Sec. 2, Ch. 37, L. 1965.

75-4120.3. Adoption of budget after unification. If unification is ac-
complished, the board of trustees of the district which was unified with
the county high school shall adopt a high school budget for the next fiscal
year on the fourth Monday in June preceding the effective date of uni-
fication.

History: En. Sec. 3, Ch. 37, L. 1966.

75-4121. (1262.20) Petition to abolish county high school to be filed.

Between the first day of July and the first day of September in any year
in which a general election is held in the state of Montana twenty per
centum (20%) or more, of the qualified registered electors of any county

332

SCHOOLS 75-4124

maintaining a county high school who are also assessed in their own names

on the assessment books of the county for that year upon real or personal

property may file their written petition with the county clerk of the county

praying that the county high school be abolished.

History: En. Sec. 20, Ch. 148, L. 1931;
amd. Sec. 2, Ch. 261, L. 1963; amd. Sec.

4, Ch. 37, L. 1965.

75-4122. (1262.21) Commissioners to submit question. At the first
regular monthly meeting of the board of county commissioners of the
county immediately following such filing the petition shall be called to
the attention of the board by the county clerk; and the board shall im-
mediately direct the submission to the registered voters of the county at
the ensuing general election for that year of the question whether the
county high school of the county should be abolished.

ffistory: En. Sec. 21, Ch. 148, L. 1931;
amd. Sec. 3, Ch. 261, L. 1963; amd. Sec.

5, Ch. 37, K 1965.

75-4123. (1262.22) Publication of notice and preparation of poUbooks.

The county clerk of the county shall publish a notice of the filing and
purpose of the said petition, which notice shall contain the question of
abolishing the county high school. The notice shall also state that the said
question will be submitted at the ensuing general election. The notice shall
be published at least once a week for four successive weeks in some news-
paper of general circulation published in the county, and, if there be none,
in such newspaper as the board of county commissioners may designate,
the first publication of such notice to be made between September 1 and
September 15 of the said year. The county clerk of said county shall prepare
suitable pollbooks containing the names of all registered electors at the
expense of the county.

History: En. Sec. 22, Ch. 148, L. 1931;
amd. Sec. 4, Ch. 261, L. 1963; amd. Sec.

6, Ch. 37, K 1965.

75-4124. (1262.23) Further notice required — manner of holding elec-
tion— ballots. Further notice of the submission of the question shall be
given, and such question shall be submitted to the registered voters of
the county at the ensuing general election in November, and the votes
cast thereon canvassed and returns thereof made in the manner provided
by law for the election of county officers at that election, subject, how-
ever, to the following special requirements :

The votes for or against abolishment of the county high school shall
be cast by ballot in substantially the following form.
Abolishment of county high school.

□ For the abolishment of the county high school.

□ Against the abolishment of the county high school.

An elector may vote for the question submitted to him for considera-
tion by placing an "X" in the square immediately before the words "For

333

75-4125 ELECTION LAWS

the abolishment of the county high school"; and a ballot so marked and
cast shall be counted in favor of abolishinp: the county high school. An
elector may vote against the question submitted to him for consideration
by placing an "X" in the square immediately preceding the words "Against
the abolishment of the county high school"; and a ballot so marked and
cast shall be counted against abolishing the county high school.

History: En. Sec. 23, Ch. 148, L. 1931;
amd. Sec. 5, Ch. 261, L. 1963; amd. Sec.

7, Ch. 37, L. 1965.

75-4125. (1262.24) Action by board of county commissioners when
election favors abolishing county high school. If a majority of all votes
cast at such general election upon the question of the abolishment of the
county high school shall be in favor of abolishing the same the board of
county commissioners of the county at its first regular meeting in Decem-
ber following the election shall make and enter at large upon its minutes
an abstract of the votes so cast and a resolution that in accordance there-
with on and after July 1st of the year immediately following the county
high school of the county shall be, and is thereby abolished.

History: En. Sec. 24, Ch. 148, L. 1931;
amd. Sec. 6, Ch. 261, L. 1963; amd. Sec.

8, Ch. 37, L. 1965.

75-4126. (1262.25) When election favors retaining high school. But
if a majority of all votes cast at such election shall be against the abolish-
ment of the county high school a similar abstract of the votes shall in like
manner be entered by the board of county commissioners at large upon their
minutes at its December meeting aforesaid ; and no further submission of
the question of abolishing the county high school shall be had in that county
for at least two (2) years thereafter, provided that if an election against
the abolishment of the county high school has been had within any county
within two years prior to the enactment of this statute, that the question
shall not again be resubmitted for at least two (2) years after the date
that this act becomes effective.

History: En. Sec. 25, Ch. 148, L. 1931;
amd. Sec. 7, Ch. 261, L. 1963; amd. Sec.

9, Ch. 37, L. 1965.

75-4147. (1262.45) Junior high schools — authority to establish in dis-
trict having no accredited high school. The board of trustees of any school
district where no accredited high school is already established and main-
tained may establish one or more junior high schools in the district at any
time in accordance with the sections immediately following and provide
therefor quarters, buildings, building sites, equipment and a teaching force.
History: En. Sec. 45, Ch. 148, K 1931.

75-4148. (1262.46) Petition — resolution of board — approval of super-
intendent of public instruction. Whenever the board of trustees of any
school district which has no accredited high school, already established,
shall receive a petition in writing from twenty per centum (20%), or

334

SCHOOLS 75-4152

more, of the registered voters of the district requesting that a junior higli
school or junior high schools be established, or siiall itself resolve by
resolution spread upon the minutes of the board that the establishment
of a junior high school or junior high schools is in the best interosts of
the district, an application shall forthwith be made by the said board of
trustees to the superintendent of public instruction, setting forth therein
such facts and information as it may require and requesting its approval of
the establishment of the junior high school or junior liigh schools in
question.
History: En. Sec. 46, Ch. 148, L. 1931.

75-4149. (1262.47) Submission of question. If the establishment of
a junior high school or junior high schools is approved by the superin-
tendent of public instruction, the board of trustees of the school district
shall immediately submit to the registered voters of the district the question
whether a junior high school, or if the establishment of more than one
such junior high school be contemplated, whether junior high schools shall
be established in such district.
History: En. Sec. 47, Ch. 148, L. 1931.

75-4150. (1262.48) Application and submission of question when bonds
ai^ to be issued. If it is necessary for the district to issue bonds to provide
quarters, buildings, building sites, and/or equipment for the proposed
junior high school or junior high schools the application for the approval
of the superintendent of public instruction, shall set forth the facts pertinent
to such issue and the amount of bonds required for the purposes mentioned,
or any of them. And in any such case if the establishment of the junior
high school or junior high schools be approved by the superintendent of
public instruction the question submitted by the board of trustees to 'the
registered voters of the district shall be whether a junior high school, or,
if the establishment of more than one junior high school be contemplated,
whether junior high schools shall be established in the district and bonds
in a specified amount issued to provide quarters, buildings, building sites
and equipment, or for any one or more such purposes.
History: En. Sec. 48, Ch. 148, L. 1931.

75-4151. (1262.49) Election. The qualified electors of the district shall
be entitled to vote upon any question submitted to them in accordance with
this chapter at an election called, noticed, held, canvassed and returned
in the manner provided by law for the submission in such district of the
question of a bond issue for the purpose of building, enlarging, altering or
acquiring by purchase a school house, of furnishing and equipping the
same, and of purchasing the necessary lands therefor.
History: En. Sec. 49, Ch. 148, L. 1931.

75-4152. (1262.50) Duty of board if establishment of junior high school
be approved. If a majority of the votes cast at any such election be in
favor of the establishment of a junior high school or junior high schools the

335

75-4153 ELECTION LAWS

board of trustees of the district shall immediately establish and open
the school or schools so authorized.
History: En. Sec. 50, Ch. 148, L. 1931.

75-4153. (1262.51) Issuance of bonds. If the issuance of bonds as
specified in any question submitted be approved the board of trustees shall
thereafter issue and market the bonds of the district within the limits of the
amount specified in the question and in the same manner and pursuant
to the provisions and limitations of law otherwise applicable in the case
of the issuance of district bonds for the purpose of building, enlarging,
repairing or acquiring by purchase a school house, in the said district,
or furnishing and equipping the same, and of purchasing the necessary
lands therefor.
History: En. Sec. 51, Ch. 148, L. 1931.

CHAPTER 42

HIGH SCHOOLS— COUNTY— JUNIOR AND DISTEICT-^OINT SCHOOL
SYSTEMS CONTINUED— VOCATIONAL EDUCATION

Section 75-4201. Junior high schools — how established where district high school i"»
already established.
75-4202. Establishment in districts where county high school is located.
75-4231. General powers and duties of boards of trustees.

75-4201. (1262.52) Junior high schools — how established where district
high school is already established. The board of trustees of any school
district wherein a^i accredited high school is already established may, by
resolution and in compliance with the rules and regulations of the superin-
tendent of public instruction reorganize th'; school system of the district to
provide for a junior high school or junior high schools as a part of such
system, without submitting the question to the qualified electors of the
district. But nothing herein contained shall be construed to authorize
any such board of trustees to issue bonds of the district or to incur indebted-
ness or to proceed in the establishment of a junior high school or junior
high schools other than in accordance with its general powers elsewhere
defined.
History: En. Bee. 62, CSi. 148, L. 1931.

75-4202. (1262.53) Establishment in districts where county high school
is located. A junior high school or junior high schools may be established
by the school district in which any county high school is located in the
manner provided in section 75-4201, provided that the board of trustees
of the county high school already located in the district shall by resolution
consent thereto. A junior high school, or junior high schools, may also, in
like manner, be established by the county high school, provided that the
board of trustees of the school district, in which the county high school is
located, shall by resolution consent thereto. In no event, however, shall a
junior high school be established unless the question has been submitted to

336

SCHOOLS 75-4231

the qualified electors of the district involved, and a majority of the electors
vote in favor thereof.

History: En. Sec. 53, Ch. 148, L. 1931;
amd. Sec. 1, Ch. 89, L. 1949; amd. Sec. 1,
Ch. 262, L. 1966.

76-4231. (1262.83) General powers and duties of boards of trustees.

The board of trustees of every county high school and of every school
district maintaining a district high school shall have the power, and it shall
be its duty:

1. • • •

2. (a) At its discretion as restricted by law to purchase, or otherwise
acquire, real estate to be used as a site or sites for a high school, high
school dormitories, high school gymnasiums, and other high school build-
ings, or for any proper high school purposes, and to sell and to dispose of
the same ; at its discretion as restricted by law to build, purchase, or other-
wise acquire, a high school building, high school dormitories, high school
gymnasiums, and other buildings necessary for the high school, and to
sell, move and dispose of the same; at its discretion as restricted by law
to lease or contract with the board of trustees of any school district, or
with any person, for suitable buildings or quarters to be used for any high
school purposes or as a high school dormitory or gymnasium, and for
such term not exceeding three (3) years as the board may deem for the
best interests of the high school; at its discretion as restricted by law to
purchase, or otherwise acquire, all necessary and appropriate equipment
and supplies for the conduct, operation and administration of the high
school, including high school dormitories and gymnasiums; at its discre-
tion as restricted by law to make all contracts and to do all things neces-
sary to carry out or execute all or any of the powers herein specified and
conferred upon the board ; provided, all boards of trustees of county high
schools, or districts maintaining high schools, shall be prohibited from
letting any contracts for building, furnishing, repairing or other work
for the benefit of the school, or purchasing supplies for said school, where
the amount involved is one thousand two hundred fifty dollars ($1,250.00)
or more, without first advertising in a newspaper published in the county
for at least two (2) weeks, calling for bids to perform such work, and the
board shall award the contract to the lowest responsible bidder; provided
further, that the board of trustees shall have the right to reject any or all
bids; provided that these provisions shall not apply in case of extreme
emergencies.

(b) But the board shall exercise no power whatsoever conferred upon
it by this subdivision 2 whereby obligations are assumed or an indebted-
ness created in excess of the funds on hand, belonging to the high school,
and not otherwise appropriated, or available to the board from the collec-
tion of taxes actually levied for the current year, or from the sale of bonds
already authorized ; and the power of the board to purchase, or otherwise
acquire, or to sell, or dispose of, a site or sites for a high school, high

337

75-4231 ELECTION LAWS

school dormitories, high school gymnasiums, or other high school build-
ings, or for any proper high school purpose, or to build, purchase, or
otherwise acquire, a high school building, high school dormitories, high
school gymnasiums, or other buildings necessary for the high school or
to sell, move or dispose of the same, shall be exercised only at the direction
of a majority of the qualified electors of the county in the case of a county
high school, or of the district in the case of a district high school, voting
at an election to be called by the board, and otherwise noticed, conducted,
canvassed and returned in the same manner as the annual election of
school trustees in school districts of the first class.

(c) Provided, however, that where a site or sites for a high school,
high school dormitories, high school gymnasiums or other high school
buildings or for any other proper high school purposes is contiguous to a
site upon which there exists a high school building erected and in use for
high school purposes, the board may purchase or otherwise acquire such
contiguous site or sites without calling for a vote of the qualified electors
of the county, in the case of a county high school, or the district, in the
case of a district high school, and upon the making of such a purchase of,
or otherwise acquiring, such site or sites, the board may enter into a con-
tract or obligation providing for the purchase of said site or sites by de-
ferred payments and may incur indebtedness for the whole or any part of
said purchase price and shall not be restricted in the terras of said contract
or the amount of said purchase price except that the amount of the in-
debtedness incurred shall not exceed ten thousand dollars ($10,000.00) as
to principal and interest ; provided further, however, that before making
any such purchase the board shall duly pass a resolution declaring such
lands to be purchased necessary for school purposes of said district, and

provide for the purchase thereof; provided further, that notice of the
meeting at which said resolution is to be considered for final adoption
and of the proposed passage of said resolution shall be given as provided by
law for notices of election of trustees, at which meeting the electors of
said district shall have the right to be present and to protest the passage
of said resolution.

(d) If at the hearing on such resolution protests against the adoption
of the same shall be made and the board of trustees shall adopt the same
over such protests, the resolution shall not become effective for fifteen
(15) days after the date of its adoption, during which time any taxpayer
or taxpayers may appeal to the district court by filing with the clerk of
such court a verified petition, a copy of which shall theretofore have been
served upon the clerk or secretary of the board of trustees. Said petition
shall set forth in detail the objections of the petitioners to the adoption of
such resolution or to the purchase of the property as provided for in said
resolution. The service and filing of said petition shall operate to stay
such resolution until final determination of the matter by the court. Upon
the filing of such petition the court shall immediately fix a time for hear-
ing the same which shall be at the earliest convenient time. At such hear-
ing the court shall hear the matter de novo and may take such testimony

338

SCHOOLS 75-4414

as it deems necessary. Its proceedings shall be summary and informal
and its determination shall be final.
3 to 15. • • •
History: En. Sec. 83, Ch. 148, L. 1931; Ch. 106, L. 1951; amd. Sec. 1, Oh. 43, L.
amd. Sec. 1, Ch. 207, L. 1939; amd. Sec. 2, 1955.

CHAPTER 44

COMMUNITY COLLEGE DISTRICTS

Section 75-4413. Property and population requirements for district — corporate powers
— exemption from school district law.

75-4414. Supervision by state board of education.

75-4415. Boundaries of district — additional to other districts.

75-4416. Petition for organization of district — election — order establishing
district.

75-4417. Election of trustees — districts from which elected — terms of office.

75-4418. Notice of organization election — conduct of election.

75-4419. Trustees' oath of office— officers of board — quorum — vacancies — seal.

75-4420. Trustee elections after organization.

75-4421. Meetings of board— notice — mileage allowance for trustees.

75-4422. Trustees not to have pecuniary interest in district contracts — adver-
tising for bids.

75-4423. Courses of instruction provided — tuition fees.

75-4424. Employment of personnel — retirement of employees and trustees.

75-4425. Participation in foundation program and equalization fund — budget-
ing— special tax levy.

75-4426. Building construction and repairs — acquisition of land — tax levy —
federal and state aid.

75-4427. Acceptance of donations.

75-4428. Disposition of surplus property — contracts for co-operation with
school districts.

75-4429. Junior colleges authorized to continue — conversion to community
college.

75-4430. Annexation of school districts to junior college or community college
district- — election.

75-4413. Property and population requirements for district — corporate
powers — exemption from school district law. The voters in any area of the
state may form a community college district where the area to be formed
into such district has an assessed valuation of not less than thirty million
dollars ($30,000,000) and has a total of not less than seven hundred (700)
pupils regularly enrolled in public and private high schools. The district
may consist of a county, two or more contiguous counties, or contiguous
parts of two or more counties in this state. When such a district is organized,
it shall be a body corporate and a subdivision of the state of Montana and
shall be known as "The Community College District of , Mon-
tana" and, in that name, may sue and be sued, levy and collect taxes within
the limitations of this act, and possess the same corporate powers as com-
mon school and high school districts in this state, except as herein otherwise
provided. Sections 75-1801 to 75-1834, Revised Codes of Montana, 1947, as
amended, shall not apply to community college districts organized under
the provisions of this act except as provided herein.
History: En. Sec. 1, Ch. 274, L. 1965.

75-4414. Supervision by state board of education. (1) Junior college
departments or districts formed prior to the effective date of this act and
those community college districts formed under the provisions of this act

339

75-4415 ELECTION LAWS

shall be under the supervision of the state board of education.
(2) It shall be the duty of the state board of education to:

(a) Establish the role of the two-year college in the state;

(b) Set up a survey form to be used for local surveys of need and
potential for two-year colleges and provide supervision in the conducting
of surveys ;

(c) Supervise the community college districts formed under the pro-
visions of this act and the junior colleges now in existence and formed
prior to the effective date of this act;

(d) Formulate and put into effect, uniform policies as to budgeting,
record keeping and student accounting;

(e) Establish uniform minimum entrance requirements and uniform
curricular offerings for all community and junior colleges;

(f) Make a continuing study of the junior and community college
education in the state ; and

(g) Be responsible for the accreditation of each junior college and
community college under its supervision. Accreditation shall be conducted
annually or as often as deemed advisable and made in a manner consistent
with the rules and regulations established and applied uniformly to all
junior and community college districts in the state. Standards for accredita-
tion of junior and community colleges shall be formulated with due con-
sideration given to curriculum offerings and entrance requirements of the
Montana university system.

History: En. Sec. 2, OIl 274, L. 1965.

75-4415. Boundaries of district — additional to other districts. The

boundaries of any community college district organized under this act shall
coincide with the then-existing boundaries of the contiguous common school
districts proposed to be included, and such community college district shall
be in addition to any other school districts existing in any portion of such
area.

History: En. Sec. 3, Oh. 274, L. 1965.

75-4416. Petition for organization of district — election — order estab-
lishing district. Whenever there is presented to the state board of edu-
cation a petition, signed by not less than twenty per centum (20%) of the
qualified registered electors residing within each county or part of county
within a proposed community college district area, praying that a com-
munity college district be organized for the purpose of offering community
college (13th and 14th year) courses, the state board of education shall
order an election held within the proposed district of the qualified electors
therein to vote on the proposal and to elect trustees, at the next following
annual school election. At such election, the proposition shall be in sub-
stantially the following form :

PROPOSITION
Shall there be organized within the area comprising the School Districts
of , State of Montana, a community college district for the

340

SCHOOLS 75-4417

offering of 13th and 14th year courses, lo be known as the Community

College District of , Montana, under the provisions of Chapter

(giving the number of this act [274]), Laws of 1965, as prayed in the
petition filed with the State Board of Education at Helena, Montana, on
the day of ,19....?

□ For organization

□ Against organization

The election shall be conducted in the manner provided for the election
of trustees in a common school district of the second or third class. Within
fifteen (15) days after such election, the results shall be transmitted by
those receiving the same under law in each component district to the state
board of education, by certificates attesting to the total number of votes
cast within each such district on said proposition, the votes cast for and
against said proposition and the votes cast for each candidate for trustee,
together with the tally sheets attested to by the judges and clerks of election
at each polling place within each such district. The proposal to organize
the community college district, to carry, must receive a majority of the
total number of votes cast thereon and the state superintendent of public
instruction, from the results so certified and attested, shall determine
whether the proposal has received the majority of the votes cast thereon
for each county or part of a county within the proposed district and shall
certify the results to the state board of education. Should the state super-
intendent of public instruction certificate show that the proposition to
organize such community college district has received a majority of the
votes cast thereon in each county or part of a county within the proposed
district, the state board of education shall make an order declaring the
community college district organized and cause a copy thereof to be re-
corded in the office of county clerk and recorder in each county in which a
portion of such new district is situated. If the proposition carries in some
county or counties and/or parts of counties but not in all portions of area
sought to be included within the district, the board shall determine whether
the area in which the proposition carried by a majority vote meets the
requirements of section 75-4413, and if so shall establish the boundaries.
If the proposition carries, the board shall also determine which candidates
have been elected trustees under section 75-4417. Should the proposition to
organize the district fail to receive a majority of the votes cast thereon
above provided, no tabulation shall be made to determine the candidates
elected trustees.
History: En. Sec. 4, Ch. 274, L. 1965.

75-4417. Election of trustees — districts from which elected — terms of
office. In the organization election seven (7) trustees shall be elected at
large, except, that should there be in such proposed community college
district one or more high school districts or part of a high school district
within the community college district with more than forty-three per cent
(43%) and not more than fifty per cent (50%) of the total school census
of the proposed district, as determined by the last school census, then each
such district or part of district shall elect three (3) trustees and the re-
maining trustees shall be elected at large from the remainder of the pro-

341

75-4418 ELECTION LAWS

posed college district. Should any such high school district or such part of
a high school district have more than fifty per cent (50%) of the total
school census of the proposed district then four (4) trustees shall be
elected at large from such high school district or such part of high school
district and three (3) trustees at large from the remainder of the pro-
posed college district. If the trustees are elected at large throughout the
entire proposed district, the one receiving the greatest number of votes
shall be elected for a term of seven (7) years, the one receiving the next
greatest number of votes, for a term of six (6) years, the one receiving
the next greatest number of votes, for a term of five (5) years, the one
receiving the next greatest number of votes for a term of four (4) years,
the one receiving the next greatest number of votes for a term of three
(3) years, the one receiving the next greatest number of votes for a term
of two (2) years and the elected one receiving the least number of votes
for a term of one (1) year. If the trustees are elected in any manner other
than at large throughout the entire proposed district, then the trustees
elected shall determine by lot the one who shall serve for seven (7) years,
the one who shall serve for six (6) years, the one who shall serve for five
(5) years, the one who shall serve for four (4) years, the one who shall
serve for three (3) years, the one who shall serve for two (2) years and
the one who shall serve for one (1) year. Thereafter, all trustees elected
shall serve for terms of seven (7) years each.
History: En. Sec. 5, Ch. 274, L. 1965.

75-4418. Notice of organization election — conduct of election. Notice
of the organization election shall be given by the state board of education
by publication in at least one (1) newspaper of general circulation in each
county including any portion of the proposed community college district,
once a week for three (3) consecutive weeks, the last insertion to be no
longer than one (1) week prior to the date of election. The election shall be
conducted in the same manner, at the same polling places and by the same
election officials who are conducting elections on that day in each component
school district.

History: En. Sec. 6, Ch. 274, L. 1965.

75-4419. Trustees' oath of office — officers of board — quorum — vacancies
— seal. Newly elected members of the board of trustees shall be qualified
by taking the oath of office prescribed by article XIX, section 1, of the
constitution of Montana. The board shall be organized by the election of a
president and vice-president and a secretary, said secretary may be or may
not be a member of the board. The treasurer of the community college dis-
trict shall be the county treasurer of tlie county in which the community
college is situated. A majority of the board shall constitute a quorum for
the transaction of busines.s, but no contract shall be let, teacher employed
or dismissed, or bill approved unless a majority of the whole board shall
vote therefor. Any vacancy occurring in the board shall be filled by appoint-
ment by the remaining members of the board, and the persons appointed
shall hold office until the next election held by such community college

342

SCHOOLS 75-4421

district when a trustee shall be elected for the unexpired term. The board
shall keep a common seal with which to attest its official acts.
History: En. Sec. 7, Oh. 274, L. 1965.

75-4420. Trustee elections after organization. After organization, the
qualified voters of the community college district shall vote for trustees
on the first Saturday in April, and such elections shall be held in the same
manner and with elections being held in the component common school
districts within the boundaries of such community college district. All
costs incident to such community college trustee elections shall be borne
by the community college district. Notice of all such elections shall be
given by the board of trustees by publication in at least one (1) newspaper
of general circulation within each county, at least once a week for two
(2) consecutive weeks, the last insertion to be no longer than one (1) week
prior to the date of election. Should trustees be elected other than at large
throughout the entire district, then only those qualified voters within the
district from which the trustee or trustees are to be elected shall cast their
ballots for the trustee or trustees from that district. All candidates for the
office of trustee shall file their declarations or [of] candidacy with the
secretary of the board of trustees at least thirty (30) days prior to the date
of election. If voting machines are not used in a common school district or
districts which are within such community college district, then the board
of trustees shall cause ballots to be printed and distributed for the polling
places in such component districts at the expense of the community college
district, but in all other respects said elections shall be held at the same
time, in the same places and shall be conducted by the same officials for
elections being held in such common school districts. The community college
district shall reimburse to the common school district one-half (V2) of the
costs of the common school district of the compensation actually paid by
said common school district to the judges of such elections. The judges of
election in each component school district, shall certify to the board of
trustees of the community college district the total number of votes cast
for each candidate and the votes cast on all questions submitted within
fifteen (15) days after any election. Within forty-eight (48) hours there-
after, at least a majority of the then qualified members of the board of
trustees of such community college district shall jointly tabulate the results
so received, shall declare and certify the candidates receiving the greatest
number of votes for terms of seven (7) years each and until their successor
shall have been elected and qualified and shall declare and certify the results
of the votes cast on any question presented at such election. "Qualified
voters," under the provisions of this act, shall mean those voters qualified
to vote in the school election of the component common school district.
History: En. Sec. 8, Cli. 274, L. 1965.

75-4421. Meetings of board — notice — mileage allowance for trustees. The

board of trustees shall hold monthy meetings within the community college
district on the third Tuesday of each month or such other day of the month
the board might set and may hold special meetings at any time and place
which it may direct. The president and secretary of the board may also

343

75-4422 ELECTION LAWS

call special meetings of said board at any time and place, if in their judg-
ment necessity requires it. The secretary of the board shall notify the mem-
bers of all regular and special meetings. The members of the board shall
receive ten cents (100) per mile for distance necessarily traveled in
going to and returning from the place of the meeting and his place of resi-
dence each day that such trip is actually made.
History: En. Sec. 9, Ch. 274, L. 1965.

75-4422. Trustees not to have pecuniary interest in district contracts
— advertising for bids. It shall be unlawful for any community college dis-
trict trustee to have any pecuniary interest, either directly or indirectly,
in the erection of any school building, or for furnishing or repairing the
same, or be in any manner connected with the furnishing of supplies for
the maintenance of the college, or to receive or to accept any compensation
or reward for services rendered as trustee, except as herein provided. No
board of trustees shall let any contract (except if the amount involved is
less than two thousand dollars ($2,000) [)] for building, furnishing, repair-
ing or other work or supplies for the benefit of the district, without first
advertising in a newspaper published in each county wherein the area of
the district lies for at least two (2) weeks, call for bids to perform such
work or furnish such supplies. In all cases where advertising is required,
the board shall award the contract to the lowest responsible bidder; pro-
vided, however, that the board of trustees shall have the right to reject
any and all bids.
History: En. Sec. 10, Ch. 274, L. 1965.

75-4423. Courses of instruction provided — tuition fees. A community
college district organized under this act shall provide instruction, classes,
school or schools for student residents within the community college
district, in academic, occupational and adult education, subject to the ap-
proval of the state board of education. The board of trustees of such
district may in their discretion determine the per capita cost of such
courses, file the same with the state board of education and upon ap-
proval thereof by the state board of education, shall require of all non-
district residents who are accepted as pupils, a tuition fee in such sum
as may be necessary for maintenance of such course or courses. A
different tuition may be established as between nondistrict residents
residing within the state of Montana and those residing outside the
state of Montana. In addition thereto, such board of trustees may charge
resident students such amounts as it deems necessary to maintain such
courses, taking into consideration such other funds as may be available
under law for the support of such courses.

History: En Sec. 11, Ch. 274, L. 1965;
amd. Sec. 1, Ch. 229, L. 1969.

75-4424. Employment of personnel — retirement of employees and
trustees. The board of trustees shall appoint the employees of the com-

344

SCHOOLS 75-4426

munity ooUe^i-e. define and assign their powers and duties and fix their
compensation.

The board of trustees and teaehers of a community college district shall
be subject to and receive the benefits of chapter 27 of Title 75 of the Re-
vised Codes of Montana, as amended, and hereafter amended.
History: En. Sec. 12, Oh. 274, L. 1965.

75-4425. Participation in foundation program and equalization fund —
budgeting — special tax levy. A community collepre under this act shall be
considered a free public .school for budjreting and financial purposes under
chapter 36. Title 75 of the Revised Codes of Montana, 1947, as amended,
and as hereafter amended. The term "average number belonging" for
community colleges shall be determined by dividing the total number of
eligible credits taken by eligible students by thirty (30). Eligible stu-
dents for average number belonging calculation purposes shall be: (1)
students who are under twenty-one (21) years of age for one-half or
more of the quarter; (2) students who are not concurrently enrolled in
an elementary or high school; (3) students enrolled in the summer quar-
ter of the community college. Eligible credits for average number be-
longing calculation purposes shall be: (1) credits taken by an eligible
student; (2) credits taken in courses of instruction approved by the
state board of education. Eligible credits for average number belonging
calculation purposes shall not include: (1) credits taken in adult educa-
tion courses; (2) credits dropped by the eligible student before the mid-
point in the quarter; (3) credits taken in resident extension courses of
the Montana university system.

The moneys coming into the state public school equalization fund shall
be distributed and apportioned to provide an annual minimum operating
revenue for the community college in accordance with the schedules pro-
vided for high schools under chapter 36, Title 75 of the Revised Codes of
Montana, 1947, as amended and as hereafter amended.

The community college district shall be subject to the budgeting laws
of a joint high school district or a joint common school district maintaining
a high school, in so far as they are applicable, provided, however, the budget
of a community college district shall be complete and separate.

Whenever the board of trustees of a community college district shall

deem it necessary to raise money for college purposes in addition to its

revenues from county and state apportionments, they may proceed in so

far as applicable under sections 75-4609 and 75-4610 of the Revised Codes

of Montana, 1947, as amended. A community college under this act shall

be considered a school district for the purposes of section 75-1633, R. C. M.

1947.

History: En. Sec. 13, Ch. 274, L. 1965;
amd. Sec. 1, Ch. 325, L. 1969.

75-4426. Building construction and repairs — acquisition of land — tax
levy — federal and state aid. The board of trustees of any community col-
lege district is hereby vested with the power and authority to build, en-

345

75-4427 ELECTION LAWS

large, alter, repair or acquire by purchase school buildings and dormi-
tories; furnishing and equipping the same, and purchasing the necessary
lands therefor and the board of trustees of any community college dis-
trict is hereby authorized to levy an additional tax not exceeding ten
(10) mills on the dollar of the taxable value of all taxable property within
the district for these purposes; provided they shall first be authorized to
do so by an election held of the qualified electors of the district who are
taxpayers upon property within the community college district, called,
noticed and conducted in so far as applicable by sections 75-4609 and
75-4610 of the Revised Codes of Montana, 1947, as amended. The board
of trustees of any community college district is further vested with
the power and authority to borrow moneys from the United States or
any of its agencies for the purpose of this section. The board of trus-
tees of any community college district is hereby authorized to accept
funds from the United States or the state of Montana, their instrumen-
talities or any of their agencies in aid of any one or more of such pur-
poses or in maintaining and operating the college.

History: En. Sec. 14, Ch, 274, L. 1965;
amd. Sec. 1, Ch. 235, L. 1969.

75-4427. Acceptance of donations. All community college districts and
its boards of trustees thereof on behalf of such districts are hereby au-
thorized and empowered to accept gifts, legacies and devises, subject
to the conditions imposed by the deed of the dower, or will of testator, or
without any conditions imposed.
History: En. Sec. 15, Ch. 274, L. 1965.

75-4428. Disposition of surplus property — contracts for co-operation
with school districts. Whenever there is within any school district any school
property that is not required for the use of the school district and such
property could be used for purposes of offering education beyond grade
twelve or vocational and adult education by community college district, the
boards of trustees of any school district is hereby authorized to lease or
sell and convey the same to such community college district by negotiation.
Any school district within or without the community college district is
authorized to contract with a community college district to provide adult
education courses for such school district and to exchange teachers.
History: En. Sec. 16, Ch. 274, L. 1965.

75-4429. Junior colleges authorized to continue — conversion to com-
munity college. All junior colleges established prior to the effective date
of this act shall be under the supervision of the state board of education
and shall conform to the scholastic standards established by the board,
but no such district may be dis.solved except as now provided by law and
in no instance because it does not meet the standards for organization
established by section 75-4413. The governing board of any such institution
may, by resolution and by transmitting a copy of such resolution to the
state superintendent of public instruction, establish a community college

346

SCHOOLS 75-4430

district under this act, and name the same without compliance with sections
75-4413 and 75-4416.

If such governing board establishes a community college district it shall
act as the board of trustees of the community college district until the next
general school election held on the first Saturday in April as provided in
section 75-4420 herein when all community college district trustees shall
be elected as provided in section 75-4417 except that it will not in any way
be considered an organization election.
History: En. Sec. 17, Cli. 274, L. 1965.

75-4430. Annexation of school districts to junior college or community
college district — election. Whenever the junior or community college dis-
trict board of trustees shall so resolve or whenever ten per cent (10%) of
the qualified electors of the common school district or districts situate
within one (1) county sought to be annexed indicate by a petition, filed
with the secretary of the board of trustees of such junior college or com-
munity college district, requesting the annexation of a common school
district or districts situate within one (1) county to the said district, the
board of trustees shall call an election on such annexation within not less
than twenty-five (25) days nor more than sixty (60) days from the pas-
sage of such resolution or the filing of said petition as the case may be.
Notice of such election shall be given in the same manner as an election
held to organize a community college district under this act. The election
shall be conducted in the same manner, and those eligible to vote shall be
the same as an election to organize junior college districts under this act.
The board of trustees shall establish such polling places as it may deem fit
within the area sought to be annexed.
The question on the ballot shall be as follows :

"Shall school districts be annexed to and become a part of the

community college district of , Montana?

□ For Annexation

□ Against Annexation"

The proposal to annex to carry, must receive a majority of the total votes
cast thereon. The judges of the election shall within five (5) days after
said election transmit the pollbooks, ballots and tally lists to the board of
trustees of said community college district who shall canvass the vote and
declare the results of the election and shall cause, if the annexation ques-
tion carried, a certified copy of their canvassing resolution to be filed in
the office of the county clerk and recorder of the county containing area to
be annexed and upon such filing the area to be annexed shall then become
a part of the community college district.
History: En. Sec. 18, Oh, 274, L. 1965.

347

75-4516.1 ELECTION LAWS

CHAPTER 45
HIGH SCHOOL BUDGET ACT
Section 75-4516.1. Levy of taxes.

75-4516.1. Levy of taxes. (1) Basic high school levy. It shall be the
duty of the county commissioners of each county in the state to levy an
annual basic special tax for high schools of fifteen (15) mills on the dol-
lar of the taxable value of all taxable property within the county, which
levy shall be made at the time and in the manner provided by law for
the levying of taxes for county purposes and which tax shall be collected
by the county treasurer at the same time and in the same manner as
state and county taxes are collected; provided that if a basic levy of
less than fifteen (15) mills should be sufficient to meet the total of the
approved budgets of all school districts and county high schools within
the county, then such lesser basic levy shall be made.

No county levying less than the adjusted basic high school levy shall
receive any apportionment of state equalization aid.

(2) Additional high school levy. The county commissioners shall, if
necessary, levy an additional tax in such number of mills on the taxable
value of all taxable property within the county as shall be required to
provide the foundation program for all school districts and county high
schools within the county. The county superintendent shall apportion the
proceeds of such additional tax levy to each school district and county high
school within the county after apportionment of the basic special tax for
high schools as provided in section 75-3618 and the state equalization aid
as provided in section 75-3619.

(3) Permissive high school levy. If the revenues for the operation and
maintenance of any high school, including the amount apportionable from
said basic special tax for high schools and the amount, if any, produced by
said additional high school tax, shall be less than the foundation program of
such high school and the approved additions thereto included in its budget,
within the limitations hereinbefore specified, it shall be the further duty of
the board of county commissioners to fix and levy a tax, in such number of
mills as will produce the amount shown by the final budget to be raised by
tax levy plus federal reimbursements in lieu of taxes, which tax shall, in
the case of a county high school not located within a building district, be
levied upon all property in the county, excepting the property of any dis-
trict supporting a district high school, and shall, in the case of a county
high school located within a high school building district, be levied upon
all property in such building district and which tax shall, in the case of a
district high school not located within a building district, be levied upon all
property within the school district, and shall, in the case of a district high
school located within a building district, be levied upon all property in such
building district, provided, however, that such last mentioned additional
tax shall not, in any event, be used to raise funds in excess of the maximum
budgets as specified in section 75-4518.1 when considered with all other
sources of revenues, unless approved by a vote of the taxpaying electors.

348

SCHOOLS 75-4601

History: En. Sec. 15, Ch. 199, L. 1949; L. 1961; amd. Sec. 14, Ch. 267, L. 1963;
amd. Sec. 4, Ch. 208, L. 1951; amd. Sec. 1, amd. Sec. 6, Ch. 198, L. 1965; amd. Sec. 5,
Ch. 202, L. 1953; amd. Sec. 1, Ch. 246, Ch. 3, Ex. L. 1969.

CHAPTER 46
HIGH SCHOOL DISTBICTS— PUBLIC WOEKS

Section 75-4601. High school trustees may undertake public works program — addi-
tional trustees — division of taxable valuation — commencement of
proceedings — temporary relocation of schoolhouse.

75-4602. CommlBsion may divide county into high school districts.

75-4607. Alteration of boundaries — redivision — limitation.

75-4609. Special tax levy — election.

75-4610. Notice and conduct of election.

75-4611. Approval of tax — other special levies not submitted.

75-4601. High school trustees may undertake public works program —
additional trustees — division of taxable valuation — commencement of pro-
ceedings— temporary relocation of schoolhouse. In any county having a
high school the board of trustees of the county high school, if there be
one, and the boards of trustees of any school districts maintaining dis-
trict high schools, are hereby designated as the boards of trustees of the
respective high school districts established under this act, provided that
additional members may be elected to the board of trustees of districts
maintaining district high schools in the number and manner as follows:
When a majority of the boards of the common school districts in the high
school district so request, such requests shall be directed to the county
superintendent of schools, who shall proceed as directed in this act.

The taxable valuation of the district in which the high school is located
shall be divided by the number of trustees on the high school board. In the
case of a first class district this number shall be seven (7), for a second class
district five (5), and for a third class district three (3). This figure obtained
shall then be divided into the remaining valuation of the high school district,
and the resulting number, to the closest whole number, shall be the number
of additional board members to be elected; provided, that the number of
these additional board members shall not exceed four (4) in districts of
the first and second class. The additional board members in school districts
of the third class shall not exceed two (2) except when two thirds (2/3)
or more of the high school enrollment in the high school district resides in
the common school districts not maintaining the high school and such com-
mon school districts also contain at least two-thirds (2/3) of the taxable
valuation of the high school district when three (3) additional trustees
shall be elected from the common school districts not maintaining the high
school and one (1) additional trustee shall be elected at large in the high
school district.

(a) Following the determination of the number of additional board
members to be elected, excluding the trustee at large, the county super-
intendent of schools shall district the territory of the high school district,
excluding the common school district wherein the high school is located,
into a number of trustee nominating districts equal to the number of addi-

349

75-4601 ELECTION LAWS

tional board members to be elected, and each trustee nominating district so
established shall be entitled to one (1) member on the board of trustees of
the high school.

The additional trustee to be elected at large shall be placed in a trustee
nominating district encompassing the entire high school district including
the common school district wherein the high school district is located. Such
trustee at large nominating district shall not preclude the creation of other
additional trustee nominating districts as herein provided.

The election of the additional trustees shall be held on the first Sat-
urday in April of every year to fill the expired terms of such additional
trustees, and the term of office of such additional trustees after the first
election of such trustees shall be for three (3) years. The term of office of
the trustee at large shall be three (3) years.

The additional trustees so elected shall be residents of the respective
trustee nominating districts established by the county superintendent of
schools, and shall meet the general qualifications for school district trustees
provided by section 75-1601, Revised Codes of Montana, 1947.

At the first election the additional trustees elected from the trustee
nominating districts established by the county superintendent of schools,
if there be more than one (1), shall cast lots to determine the length of
time each shall hold office. If there is one (1) additional trustee, he shall
hold office for three (3) years. If there are two (2) additional trustees, one
(1) shall hold office for three (3) years and one (1) for two (2) years. If
there are three (3) additional trustees, one (1) shall hold office for three
(3) years, one (1) for two (2) years and one (1) fur one (1) year. If there
are four (4) additional trustees, two (2) shall hold office for three (3) years,
one (1) for two (2) years and one (1) for one (1) year.

The procedure for calling and holding elections, and for the assumption
of office, for the school district wherein the high school is located shall
govern the election of the additional trustees herein provided for.

At least twenty (20) days preceding the election, any ten (10) electors
of a trustee nominating district established as provided for in this act, who
are qualified to vote in the election for such additional trustee, shall file
with the district clerk of the school district wherein the high school is lo-
cated the nomination of any qualified person to be a candidate for such
trustee from such nominating district. Ballots for the election of such addi-
tional trustees shall be prepared in the same form and manner as ballots
are prepared for other trustees, providing that such ballots for additional
trustees shall show clearly the trustee nominating district from which each
nominee is a candidate.

Any qualified elector of a nominating district, excluding the district
where the high school is located, may vote for the additional trustees so
nominated, at the time and place of the annual election of school trustees
in the common school district in which lie is entitled to vote, provided that
each elector may vote only for such additional trustee from the trustee
nominating district in whicli lie is a qualified elector.

A vacancy in the office of additional trustee shall be filled by appoint-
ment by the county superintendent of schools; provided, that such ap-

350

SCHOOLS 75-4602

pointinent sliall be subject to confirmation by a majority of the remaining
members of the hi<2;h school district board including the additional members.
The trustee so appointed shall hold office until the next annual election, at
which election there shall be elected a trustee from the same nominating
district for the unexpired term.

(b) The additional members elected to the board of trustees of dis-
tricts maintaining high schools, shall take office immediately after qualify-
ing and shall participate on an equal basis with other members in all
business transacted by the board of trustees pertaining to the high school
maintained by said districts. Said additional elected members shall be
entitled to vote on the selection of the district superintendent of schools.

To effectuate the purpose of this act, the board of trustees of any
high school district, as herein provided for is hereby authorized to under-
take a program of public works in the construction, improvement or
repair of buildings, furnishing and equipping the same and purchasing
the necessary land therefor, for the use of any or all high schools in such
high school district, and to accept funds from the United States, its
instrumentalities or any of its agencies in aid of any one or more of such
purposes. Such proceedings may be commenced by resolution upon the
part of such board of trustees of such high school district of its own motion
and without any petition being filed therefor, such proceedings may also
be commenced on petition of thirty per cent (30%) of the qualified electors
of the high school district. Upon presentation of this petition to the high
school district board of trustees, the latter shall, within sixty (60) days
take steps to present the matter asked for in the petition to a vote of the
people of the high school district.

qualified for their positions as such board of trustees under the provisions

herein provided, shall find it necessary to temporarily move the site of

the schoolhouse to another common school district within the high school

district due to the destruction of the .school building by fire, flood, storm,

riot, insurrection or other act of God, such board of trustees shall continue

to hold office for one (1) year after such schoolhouse relocation unless the

schoolhouse is moved back to the common school district where it was

originally located.

History: En. Sec. 1, Cli. 275, L. 1947; amd. Sec. 1, Ch. 166, L. 1965; amd. Sec. 1,

amd. Sec. 1, Ch. 188, L. 1951; amd. Sec. Ch. 214, L. 1965; amd. Sec. 1, Ch. 311, L.

1, Ch. 67, L. 1957; amd. Sec. 1, Ch. 167, 1967.
L. 1959; amd. Sec. 1, Ch. 222, L. 1963;

75-4602. Commission may divide county into high school districts.

In all counties having a high school, or high schools, a commission con-
sisting of the county commissioners and the county superintendent of
schools shall at the request of any high school board of trustees in the
county, divide the entire county into and establish one (1) or more high
school districts for the purpose of this act, after hearing; provided, that
each high school district so formed must have one (1) or more operating,
accredited high schools within its boundaries; provided, further, that both
parts of a joint district maintaining a high school may be considered as

351

75-4602 ELECTION LAWS

maintaining an operating high school, and as such each part of the joint
district may, together with one (1) or more adjacent common school dis-
tricts whose pupils attend the high school in the joint district, be set
aside as a high school district. Provided, that, such resulting high school
district in the county where the joint district high school is not located,
shall be responsible for its share of the joint district high school budgets
as is arrived at by following the procedure outlined in section 6 [75-4534]
of this act, and shall also be considered as a single high school district
with the high school district of the joint district, wherein the high school
is located for purposes of bonding as provided in sections 75-4601 to 75-4605,
Revised Codes of Montana, 1947, as amended by chapter 188, Laws of
1951, and also for purposes of selecting additional trustees as provided
for in section 75-4601, Revised Codes of Montana, 1947, as amended by
chapter 188, Laws of 1951. That the commission shall fix the time, date
and place, and at such time, date and place hold a public hearing of the
requested division of the county into high school districts, at which hear-
ing any interested person may appear and be heard concerning the re-
quested division. Written notice of such hearing shall be mailed by the
county superintendent of schools to the chairman of each and every board
of trustees of each and every school district in the county, and the chair-
man of the board of trustees of the county high school, stating the time,
date and place of such public hearing, and shall be mailed not less than
two (2) weeks preceding the date fixed for such hearing. The certificate
of the county superintendent of schools filed with the commission reciting
that said notices were mailed shall be conclusive.

The boundaries established by said commission shall be subject to the
approval of the superintendent of public instruction.

If any high school district shall cease to have within its borders an
operating, accredited high school, then it shall be the duty of the county
superintendent of schools to consolidate and annex the common school
districts comprising said high school district to one or more operating
high school districts within a period of six (6) months after one (1) year
of being declared non-operating or non-accredited ; provided, that before
said county superintendent of schools may declare such a consolidation
and annexation, he shall give the board of trustees of each of the common
school districts within said high school district proposed to be consolidated
and annexed twenty (20) days' notice of his intention so to do.

In creating such districts the commission shall give primary considera-
tion to the factor of convenience of the patrons of the several schools.
Common school districts may be grouped for the purpose of this act and
when practicable high school districts shall be made up of contiguous and
adjacent common school districts but the commission must take into
consideration the existence or non-existence of obstacles of travel, such
as mountains and rivers and existence or non-existence of highways and
distances to high school. No common school districts shall be divided for
the purpose of this act but must be made a part of a high school district
in its entirety, unless such division is approved and authorized by the
voters of the common school district involved, at a special election held

352

SCHOOLS 75-4609

for that purpose and such division shall be on the basis of equal area, or
as near thereto as practicable in relation to the geographical features of
such district, provided that the entire portion of a joint school district
within the county shall be included within a high school district, provided
further that in the event twenty per cent (20%) of the voters of a com-
mon school district be dissatisfied with the proposed action of said com-
mission in dividing into and establishing high school districts, or in the
proposed action of the county superintendent in consolidating and annex-
ing a common school district theretofore constituting a part of a high school
district to an existing high school district, and shall within thirty (30) days
after the giving of the notice heretofore required, file their written protest
with said county superintendent, then said common school district or dis-
tricts shall be by said county superintendent, or by said commission as
the case may be, directed to hold a special election for the purpose of de-
termining which high school district said district shall be annexed to or
into which high school district said district shall be divided as hereinbefore
provided, and the said superintendent or commission, as the case may he,
shall be governed by the result of said election.

History: En. Sec. 2, Ch. 276, L. 1947; 1, Ch. 237, L. 1953; und. Sec. 1, Ch. 236,
amd. Sec. 2, Oh. 188, L. 1951; amd. Sec. L. 1955; amd. Sec. 9, Ch. 151, L. 1961.

75-4607. Alteration of boundaries — redi vision — limitation. In any

county which has been divided into high school building districts, at the

request of any high school board of trustees, the commission, provided for

in section 75-4602, may, in accord with the procedure provided in said

section, alter the boundaries of said districts or redivide the county into a

different number of high school districts, provided that such alteration or

redivision may not be done within one (1) year from the original division

or the last alteration of boundaries and last redivision.

History: En. Sec. 1, Oil. 130, L. 1949;
amd. Sec. 1, Ch. 120, L. 1953; amd. Sec.
1, Ch. 140, L. 1965.

75-4609. Special tax levy — election. Whenever the board of trus-
tees of the local school district within which the high school is situated
shall deem it necessary to raise money for high school purposes in addi-
tion to its revenues from county and state apportionments, a meeting of
the board of trustees of the high school district shall be called and held
to consider the calling of an election to vote upon the question of approving
a special levy for high school purposes. If a majority of the board of
trustees, as provided in section 75-4601. Revised Codes of Montana, 1947,
as amended by section 1, chapter 167, Session Laws of Montana, 1959, of
the high school district attending such meeting shall determine that the
proposed expenditures are necessary for the purposes of, altering, repair-
ing or enlarging any high school or high schools of said district or for
proper maintenance and operation of the high schools of said district or
for acquisition of land for high school purposes, said trustees of the high
school district shall ascertain and determine the number of mills required
to be raised by special levy, and shall call an election for the purpose of

353

75-4610 ELECTION LAWS

submitting the question of makinpr such additional levy to the qualified

electors who are taxpayers upon property within the high school district,

and if approved by a majority vote of all the taxpayers voting at such

election, the result of said election shall be certified to the board of county

commissioners, and the levy approved by such majority vote shall be made

upon all property within said high school district.

Hlatory: En. Sec. 3, Ch. 130, L. 1949; 1, Ch. 147, L. 1959; amd. Sec. 1, Ch. 163,
»md. Sec. 1, Ch. 120, L. 1953; amd. Sec. L. 1961.

75-4610. Notice and conduct of election. Notice of such election shall

be given and said election shall be held and conducted in all respects

in the manner provided by sections 75-3802, 75-3803, 75-3804, 75-3805. Said

election shall be conducted by judges and clerks of election appointed by

the high school board of trustees from the residents of each respective

common school district within the high school district in which the board

determines what polling places shall be provided ; provided that convenience

to voters shall be a determining factor in selecting these polling places.

History: En. Sec, 4, Ch. 130, L. 1949;
amd. Sec. 1, Ch. 120, L. 1953.

75-4611. Approval of tax — other special levies not submitted. In the

event such additional levy is approved by a majority vote of all of the tax-
payers voting at said election, no other special tax for the operation and
maintenance of the high school may in the same year be submitted to a vote
of the taxpayers within the local school district wherein such high school
is situated.

History: En. Sec. 5, Ch. 130, L. IMS;
amd. Sec. 1, Ch. 120, L. 1953.

TITLE 82

STATE OFFICERS, BOARDS AND DEPARTMENTS

CHAPTER 5
CLERK OF SUPREME COURT

Section 82-501. Election and term of office.

82-501. (370) Election and term of office. There must be a clerk of
the supreme court, who must be elected by the electors at large of the state,
and hold his office for the term of six years from the first Monday of Janu-
ary next succeeding his election, except that the clerk first elected under
the constitution holds his office only until the general election in the year
one thousand eight hundred and ninety-two, and until his successor is
elected and qualified.

History: En. Sec. 870, Pol. C. 1895; re-
en. Sec. 299, Rev. C. 1907; re-en. Sec. 370,
R. C. M. 1921. Cal. Pol. C. Sees. 749-758.

354

TITLE 84

TAXATION

CHAPTER 47

CITIES AND TOWNS— TAXATION AND LICENSE

Section 84-4704. Expenditures from special fund, when — purpose — approval of electors,

when.
84-4706. Cities and towns may rai^e money by taxation in excess of levy now

permitted, how.
84-4707. Notice of election.

84-4708. Submission of question to state object of levy — use of funds — balance.
84-4709. Separate ballots when levy for more than one purpose — form of ballot

and marking — conduct of election.
84-4710. Registration of electors.
84-4711. Qualifications for voting on creation or increasing municipal or school

indebtedness.

84-4704. Expenditures from special fund, when — purpose — approval of

electors, when. No expenditures for any purpose- whatever shall be made
from such special street fund until after April 1, 1947. The city or town
council or commission of any city or town having such fund may there-
after provide for the expenditure thereof for the purpose of constructing,
improving, repairing and maintaining the public streets, avenues, alleys,
and ways of the city or town ; provided that no expenditure in excess of
ten thousand dollars ($10,000.00) for any single purpose as defined in sec-
tion 16-2009, shall be made from such fund without the approval of a ma-
jority of the electors of the city or town voting on the question of such
expenditure at an election to be provided by law.

History: En. Sec. 3, Ch. 172, L. 1945;
amd. Sec. 1, Ch. 107, L. 1947.

84-4706. (5195) Cities and towns may raise money by taxation in ex-
cess of levy now permitted, how. Whenever the council of any city or
town shall deem it necessary to raise money by taxation, in excess of the
levy now allowed by law, for any purpose for which said city or town is
authorized to expend moneys raised b}^ taxation in said city or town, it
shall submit the question of such additional levy to the legal voters of such
city or town who are tax-paying freeholders therein, either at the regular
annual election held in said city or tov/n, or at a special election called for
Hiat purpose by the council of such city or town; provided, however, that
such additional levy shall not exceed five mills.

History: En. Sec. 1, Ch. 12, L. 1919; Cross-Eeference

re-en. Sec. 5195, R. C. M. 1921. Constitutional provisions, see Const., Art,

XIII, Sec. 6.

84-4707. (5196) Notice of election. Where the question of making such
additional levy is so submitted, notice thereof shall be given by publication

355

84-4708 ELECTION LAWS

for at least thirty days prior to such election in every newspaper published

in said city or town, and by posting a like notice for the same period of

time in a public place in each ward of said city or town.

History: En. Sec. 2, Ch. 12, L. 1919;
re-en. Sec. 5196, R. C. M. 1921.

84-4708. (5197) Submission of question to state object of levy — use of
funds — balance. The submission of said question shall expressly provide
for what purpose such additional levy is to be made, and, if authorized,
the m.oney raised for such additional levy shall be used for that specific
purpose only; provided, that if any balance remain on hand after the pur-
pose for which said levy was made has been accomplished, such balance
may, by vote of the council, be transferred to any other fund of said city
or town.

History: En. Sec. 3, Ch. 12, L. 1919;
re-en. Sec. 5197, R. C. M. 1921.

84-4709. (5198) Separate ballots when levy for more than one purpose
— form of ballot and marking — conduct of election. If at any time it is
desired to submit the question of additional levies for more than one pur-
pose, such propositions shall be submitted on separate ballots, each of which
ballots shall be in substantially the following form: Shall the city (or town)
council be authorized to make a \e\y of (here insert the number) mills
taxes in addition to the regular levy now authorized by law for the purpose
of (here insert the purpose for which the additional levy is to be made.)

Against Additional Levy.

For Additional Levy.

The voters shall mark the ballot or ballots in the same manner as other
ballots are marked under the election laws of this state. The election shall
be held and the votes canvassed and returned as in other city or town elec-
tions. If the majority voting on the question are in favor of such additional
levy or levies, the city or town council shall so certify, and such additional
levy or levies of taxes shall be made by the city or town council for that
year.

History: En. Sec. 4, Ch. 12, L. 1919;
re-en. Sec. 5198, R. C. M. 1921.

84-4710. (5199) Registration of electors. The council may provide by
ordinance for the registration of qualified electors who are tax-paying free-
holders in such city or town, and no person shall be entitled to register or
vote at such election who is not such tax-paying freeholder and qualified
elector.

History: En. Sec. 5, Ch. 12, L. 1919;
re-en. Sec. 5199, R. C. M. 1921.

356

WATERS AND IRRIGATION 89-1302

84-4711. (5199.1) Qualifications for voting on creation or increasing
municipal or school indebtedness. That from and after the passage and
approval of this act, only such registered electors of the city, town, school
district, or other municipal corporation whose names appear upon the last
preceding assessment roll shall be entitled to vote upon any proposal to
create or increase any indebtedness of city, town, school district or other
municipal corporation, required by law to be submitted to a vote of the
electors thereof; provided however, that no such elector, otherwise quali-
fied hereunder, shall be denied the right to vote by reason of the fact that
the polling place for a general election for the precinct wherein he resides
and is entitled to vote, lies within another city, town, school district or
other municipal corporation.

History: En. Sec. 1, Ch. 98, L. 1923;
amd. Sec. 1, Ch. 47, L. 1929; amd. Sec.
1, Ch. 126, L. 1959.

TITLE 89

WATERS AND IRRIGATION

CHAPTER 13

IRRIGATION DISTRICTS— BOARD OF COMMISSIONERS, POWERS, DUTIES

AND ELECTIONS

Section 89-1302. Creation of election precincts — change in divisions and election pre-
cincts.

89-1303. First election of commissioners — regular election — term of office.

89-1304. Vacancies among commissioners, liow filled.

89-1305. Notice of election and appointment of election officers.

89-1306. Oaths of election officers.

89-1307. Hours of election.

89-1308. Conduct of election.

89-1309. Canvass.

89-1310. Statement of result of election.

89-1311. Qualification of electors — voting rights, how determined.

89-1312. Nominations.

89-1313. Special elections.

89-1302. (7175) Creation of election precincts — change in divisions and
election precincts. The board of commissioners shall, within six months
after the organization of the district, divide the district into one or more
election precincts.

Said board, when they deem it advisable for the best interests of the
district and the convenience of the electors thereof, may, at any time, but
not less than thirty days before any election to be held in the district,
change the boundaries of the divisions and election precincts of the district ;
provided, that such action of the board, to be effective, shall be approved
by the district court; and provided, also, that in making such changes the
several divisions of the district shall be kept as nearly equal in area and
population as practicable.

Such division into election precincts, and such change of boundaries of
the divisions or election precincts, shall be made by resolution or order of
the board, to be recorded in the minutes of the board, together with the
order of the district court approving the same, and certified copy of the

357

89-1303 ELECTION LAWS

same shall be filed in the office of the county clerk and recorder in each

county in which any of the lands of the district are situated.

History: En. Sec. 10, Ch. 146, L. 1909;
re-en. Sec. 7175, R. C. M. 1921.

89-1303. (7176) First election of commissioners — regular election —
term of oflSce. The regular election for commissioners in each district shall
be held annually on the first Saturday in April of each year; and on the
third Saturday in April following their election the commissioners shall
meet and organize as a board by electing a president from their number and
a secretary, who may or may not be a commissioner, and who shall each hold
office during the pleasure of the board. The term of office of each commis-
sioner shall begin on the third Saturday in April after the regular election
and shall continue for three years and until the election and qualification of
his successor. Commissioners are elected by the electors of the entire dis-
trict. At the regular election for commissioners held in April, 1921, there
shall be elected one commissioner for the first division of each district who
shall hold his office for the term of one year, one commissioner for the
second division of each district who shall hold his office for the term of two
years, and one commissioner for the third division of each district who shall
hold his office for the term of three years; and if there be five divisions in
a district one commissioner shall be elected for the fourth division who shall
hold his office for two years, and one commissioner shall be elected for the
fifth division who shall hold his office for three years; and if there be
seven divisions in a district one commissioner shall be elected for the sixth
division who shall hold his office for two years, and one commissioner shall
be elected for the seventh division who shall hold his office for three years;
provided, however, that this act shall not be construed to extend the term
of any commissioner heretofore elected or appointed in any district.

History: En. Sec. 11, Ch. 146, L. 1909; Ch. 3, L. 1921; amd. Sec, 1, Ch. 7, Ex. L.
amd. Sec. 4, Ch. 153, L. 1917; amd. Sec. 1, 1921; re-en. Sec. 7176, R. C. M. 1921.

89-1304. (7177) Vacancies among commissioners, how filled. In case

of a vacancy in the board of commissioners, from any cause, such vacancy

shall be filled for the remainder of the term by appointment by the judge

of the district court of the county in which the division or major portion

thereof is situated. The appointee shall be an owner of land within the

district and shall be a resident of the county in which the division of the

district, or some portion thereof for which such commissioner so elected,

is situated, and shall hold office until his successor is elected and qualified.

History: En. Sec. 12, Ch. 146, L. 1909;
re-en. Sec. 7177, R. C. M. 1921; amd. Sec.
5, Ch. 157, L. 1923.

89-1305. (7178) Notice of election and appointment of election officers.

Fifteen days before any election held under this act, the secretary of the
board of commissioners shall post notices in three public places in each
election precinct, of the time and places of holding the election, and shall
also post a notice of the same in the office of said board. Prior to the

358

WATERS AND IRRIGATION 89-1308

time for posting notices, the board, by a resolution or order entered on

their records, shall designate the house or place within each precinct where

the election shall be held, and shall appoint for each precinct, from the

electors thereof, three judges, who shall constitute a board of election for

such precinct. Said judges shall appoint one of their number to act as

clerk. If the board fail to appoint a board of election, or the members

appointed do not attend at the opening of the polls on the morning of

election, the electors of the precinct present at that hour may appoint the

board, or supply the place of an absent member thereof. The board shall

prescribe the forms, and provide for the printing and distribution of the

ballots for all elections held under this act.

History: En. Sec. 13, Ch. 146, L. 1909;
re-en. Sec. 7178, E. C. M. 1921.

89-1306. (7179) Oaths of election oflQcers. The judges may admin-
ister all oaths required in the progress of an election, and appoint judges
and clerks, if, during the progress of election, any judge or clerk shall
cease to act. Any member of the board of election may administer and
certify oaths required to be administered during the progress of an elec-
tion. Before opening the polls, each member of the board must take and
subscribe an oath faithfully to perfo/m the duties imposed upon him by
law. Any elector of the precinct may administer and certify any such oath.

History: En. Sec. 14, Ch. 146, L. 1909;
re-en. Sec. 7179, R. C. M. 1921.

89-1307. (7180) Hours of election. The polls shall be opened at one

o'clock P. M., and be kept open until six o'clock P. M., when the same shall

be closed.

History: En. Sec. 15, Ch. 146, L. 1909;
re-en. Sec. 7180, R. C. M. 1921; amd. Sec.
1, Ch. 164, L. 1947.

89-1308. (7181) Conduct of election. Voting may commence as soon
as the polls are opened and may continue during all the time the polls
remain opened, and such election shall be conducted, except as herein
otherwise provided, as nearly as practicable in accordance with the pro-
visions of the general election laws of this state, except that no registra-
tion shall be required. As soon as all the votes are counted, a certificate
shall be drawn upon each of the papers containing the poll-list and tallies,
or attached thereto, stating the number of votes cast for each candidate
or for each proposition, and designating the office or proposition voted for,
which number shall be written in figures and in words at full length.
Each certificate shall be signed by the clerk and judges. One of said cer-
tificates, with the poll-list and tally-paper to which it is attached, shall be
retained by one of the judges, and preserved by him at least six months.
The ballots shall be strung upon a cord or thread by the judge during
the counting thereof, in the order in which they were entered upon the
tally-list by the clerk; and said ballots, together with the other of said

359

89-1309 ELECTION LAWS

certificates, with the poll-list and tally-paper to which it is attached, shall

be sealed by the judges and clerk, and indorsed, "Election returns of

(naming the precinct) precinct," and be directed to the secretary of the

board of commissioners of said district, and shall be immediately delivered

by the judges, or some other safe and responsible carrier designated by

said judges, to said secretary, and the ballots shall be kept by the board

of commissioners in the same manner as ballots in other elections.

History: En. Sec. 16, Ch. 146, L. 1909;
re-en. Sec. 7181, R. C. M. 1921.

89-1309. (7182) Canvass. No list, tally-paper, or certificate returned
from any election shall be set aside or rejected merely for want of form,
if it can be satisfactorily understood. The board of commissioners of the
district shall meet on the first Monday after the election to canvass the
returns. If, at the time of the meeting, the returns from each precinct
in the district in which the polls Avere opened have been received, the
board shall then and there proceed to canvass the returns thereof; but
if all the returns have not been received, the canvass shall be postponed
from day to day until all the returns have been received. The canvass
must be made in public. The board shall declare elected the person receiv-
ing the highest number of votes so returned for each office, and also declare
the result of the vote on any question submitted.

History: En. Sec. 17, Ch. 146, L. 1909;
re-en. Sec. 7182, R. C. M. 1921.

89-1310. (7183) Statement of resxdt of election. The secretary of the
board of commissioners shall, as soon as the result of any election held
under the provisions of this chapter is declared, enter in the records of

such board, and file with the county clerk of the county in which the office
of said district is located, a statement of such results, which statement
must show :

1. A copy of the election notice and proof of posting the same;

2. The names of the judges and clerks of said election ;

3. The whole number of votes cast in the district, and in each precinct
of the district ;

4. The names of the persons voted for ;

5. The office to fill which each person was voted for;

6. The number of votes given in each precinct for each of such persons;

7. The number of votes given in the district for each of such persons;

8. The names of the persons declared elected;

9. The proposition or propositions submitted, the vote for and against
each, and the result of the vote thereon.

The secretary shall immediately make out and deliver to each person

elected a certificate of election, signed by him and authenticated with the

seal of the district.

History: En. Sec. 18, Ch, 146, L. 1909;
re-en. Sec. 7183, R. C. M, 1921.

89-1311. (7184) Qualification of electors — voting rights, how deter-
mined. At all elections held under the provisions of this act, except as

360

WATERS AND IRRIGATION 89-1311

herein otherwise expressly provided, the following holders of title, or
evidence of title, to lands within the district, herein designated electors,
shall be entitled to vote :

1. All persons having the qualifications of electors under the constitu-
tion and general and school laws of the state;

2. Guardians, executors, administrators, and trustees residing in the
state ;

3. Domestic corporations, by their duly organized agents.

In all elections held under this act, each elector shall be permitted
to cast one vote for each forty acres of irrigable land, or major fraction
thereof, owned by such elector within the district, irrespective of the
location of such irrigable lands within the tracts designated by the com-
missioners for assessment and taxation purposes, or within congressional
subdivisions, platted lots or blocks, except as hereinafter provided for,
election precincts or district divisions, but any elector owning any less
than forty acres of irrigable land shall be entitled to one vote. Until
actual determination of the irrigable area under the plan of reclamation
proposed is had, all land included within the boundaries of the district
shall be deemed to be irrigable land for election purposes.

Where land is owned by co-owners, said owners may designate one
of their number, or an agent, to cast the vote for said owners, and one
vote only for each forty acres of irrigable land, or major fraction thereof,
shall be cast by said co-owner or agent. Where land is under contract
of sale to a purchaser residing within the state, such purchaser may vote
on behalf of the owner of said land. When voting, the agent of a corpora-
tion, or of co-owners, or the co-owner designated for purpose of voting,
or the purchaser of land under contract of sale, as the case may be, shall
file with the secretary of the district, or with the election officials, a
written instrument of his authority, executed and acknowledged by the
proper officers of said corporation, or by said co-owners, or by the owner
of such land under contract of sale, as the case may be, and thereupon
such agent or co-owner, or purchaser, as the case may be, shall be deemed
an elector within the meaning of this act. AVhere the total irrigable acre-
age within any one district has been platted or subdivided into lots or
blocks to the extent of five per cent (5%) or more of the total acreage
of the district, each elector shall be permitted to cast one vote for each
one acre of irrigable land or major fraction thereof owned by such elector
within the district, irrespective of the location of such irrigable lands
within the tracts designated by the commissioners for the assessment
and taxation purposes or within the congressional subdivisions, but any
elector owning any less than one acre of irrigable land within said district
shall be entitled to one vote. The balloting shall take place in the fol-
lowing manner: Ten (10) votes or less, separate ballots will be used;
more than ten (10) votes, the elector shall vote in blocks of ten using
one ballot for each ten votes and separate ballots for odd votes over
multiples of ten. The election shall otherwise conform with the provisions
set out in section 89-1308 of this chapter. It shall be the duty of the
chairman of the commissioners, or such commissioner as he may delegate,

361

89-1312 ELECTION LAWS

to determine before each election whether the provisions of this paragraph

are in force or whether the provisions heretofore set out shall apply.

History: En. Sec. 19, Ch. 146, L. 1909; 6, Ch. 157, L. 1923; amd. Sec. 1, Oh. 164,
re-en. Sec. 7184, R. C. M. 1921; amd. Sec. L. 1953.

89-1312. (7185) Nominations. Candidates for the office of commis-
sioner to be filled by election under the provisions of this act may be
nominated by petition filed with the secretary of the board of commis-
sioners of the district at least ten days prior to said election, and signed
by not less than five electors of the district , such petition shall specify
the respective divisions for which such nominees, respectively, are candi-
dates; and the names of all candidates for each division of the district
shall be printed on the same ballot.

If no nominations are made, the electors of the district shall write

on the ballots the names of the persons for whom they desire to vote for

commissioners; provided, nothing herein contained shall prevent an elector

from voting for any qualified person, although the name does not appear

upon the official ballots.

History: En. Sec. 20, Ch. 146, L. 1909;
re-en. Sec. 7185, B. C. M. 1921.

89-1313. (7186) Special elections. The board of commissioners may
at any time call a special election, and submit to the qualified electors
of the district any question which under the provisions of this act is re-
quired, or which, in the judgment of the board, is proper to be submitted
to popular vote. Such election shall be called, noticed, and conducted,
and the result thereof determined and declared, in the manner provided
in this act relative to general district elections; provided, however, that
the notice thereof shall, in addition to being posted, also be published
at least once, not less than ten days prior to the date of the election, in
some newspaper published in the county in which the office of the board
of commissioners of the district is located.

History: En. Sec. 21, Ch. 146, L. 1909;
re-en. Sec. 7186, R. C. M. 1921.

CHAPTER 23

DRAINAGE DISTRICTS— COMMISSIONERS— ELECTION— ORGANIZATION-
REPORTS

Section 89-2301. Term of commissioners.

89-2302. Election of commissioners — terms of office.

89-2303. Notice of election.

89-2304. Manner of conducting election.

89-2305. Qualifications of electors.

89-2306. Nomination of commissioners — voting.

89-2301. (7282) Term of commissioners. On the creation of a district,
the commissioners appointed by the judge or court shall hold office until
the first Tuesday in May following their appointment, and until their
successors are elected. When a district is in existence on the date when

362

WATERS AND IRRIGATION 89-2304

this act takes effect and thereafter and order is made dividing such district

into divisions the terms of office of such commissioners shall cease with the

Monday immediately preceding the first Tuesday in May next following.

History: En. Sec. 18, Ch, 129, L. 1921;
re-en. Sec. 7282, B. C. M. 1921; amd. Sec.

2, Ch. 50, L. 1925.

89-2302. (7283) Election of commissioners — terms of office. The regu-
lar election of commissioners shall be held annually on the first Tuesday in
April of each year ; the term of office of commissioners shall commence on
the first Tuesday in May following their election. At the first regular elec-
tion following the organization of a district, and in districts heretofore
organized and in existence on the date when this act takes effect and which,
on petition, has been divided into divisions, as hereinbefore provided, at the
first regular election following the date of the order making such division,
there shall be elected three commissioners, one commissioner being elected
from each division of which he must be an actual landowner and resident
of the county or counties; one of such commissioners, to be determined by
lot, shall hold office until the first Tuesday in May in the year following his
election, another of such commissioners, to be determined by lot, shall hold
office until the first Tuesday in May in the second year following his
election, and the third of such commissioners shall hold office until the first
Tuesday in May in the third year following his election ; thereafter one
commissioner shall be elected each year who shall hold office for a term
of three years and until his successor is elected and qualified ; provided
that the person elected as a commissioner in each year to succeed the
commissioner whose term is then expiring must be elected as a commis-
sioner from the same division as the commissioner whom he is to succeed.

History: En. Sec. 19, Ch. 129, L. 1921;
re-en. Sec. 7283, R. C. M. 1921; amd. Sec.

3, Ch. 50, L. 1925.

89-2303. (7283.1) Notice of election. Fifteen days before any regular

election, the secretary of the board of commissioners shall give notice by

mail to all landowners within the district of the time and place of holding

the election. Prior to the mailing of such notices the board must, by

resolution, designate a polling place and appoint three persons to act as

judges and clerks of election in each precinct. The board shall prescribe

the form and provide for the printing of the ballots for all elections.

History: En. as Sec. 7283 A, by Sec. 4,
Ch. 50, L. 1925.

89-2304. (7283.2) Manner of conducting election. Any judge of elec-
tion may administer any oath required to be administered during the
progress of an election. Before the opening of the polls the judges of
election must take and subscribe an oath to faithfully perform the duties
imposed upon them by law, and such oath may be administered by any
elector. The polls shall open at 12 o'clock noon and be kept open until
5 o'clock P. M. when the same shall be closed. Such elections shall be con-
ducted, except as herein otherwise provided, as nearly as practicable in

363

89-2305 ELECTION LAWS

accordance with the provisions of ^he general election laws of the state,
except that no registration shall be required. As soon as the polls are
closed the judges shall count and tabulate the votes cast and make out a
certificate, to be signed by them, showing the total number of votes cast
at the el-ection and the total number cast for each candidate for commis-
sioner, and shall deliver such certificate, with a list of the electors voting
at such election to the board of commissioners, and such board of commis-
sioners shall meet on the first Monday following such election and canvass
such returns. The board shall declare elected the person or persons, receiv-
ing the highest number of votes. The clerk of the board of directors shall
enter the result of such canvass in the minutes of the board and file with
the clerk of the district court creating the district a statement showing the
names of the persons elected as commissioners, the names of the commis-
sioners whose term will expire on the first Tuesday in May following, and
the names of all of the persons who will compose the board of directors for
the year next following the said first Tuesday in May.

History: En. as Sec. 7283 B, by Sec. 4,
Ch. 50, L. 1925.

89-2306. (7283.3) Qualifications of electors. At all such elections,
except as herein otherwise expressly provided, the following persons hold-
ing title, or evidence of title to lands within the district shall be entitled
to vote: (1) All of the persons having the qualifications of electors under
the constitution and general laws of the state; (2) Guardians, adminis-
trators, executors and trustees residing in the state ; (3) Domestic corpo-
rations by their duly authorized agents. In all elections each elector shall
be permitted to cast one vote for each forty acres of land, or major frac-
tion thereof in the district owned by such elector, but any elector owning
twenty acres or less shall be entitled to one vote.

History: En. as. Sec. 7283 C, by Sec. 4,
Ch. 60, L. 192S.

89-2306. (7283.4) Nomination of commissioners — voting. Candidates

for the office of commissioner to be filled by election under the provisions

of this act, may be nominated by petition filed with the secretary of the

board of commissioners at least ten days prior to date of holding the election

and signed by at least five electors of the district. If no nominations are

made the electors of the district shall write on the ballots the name or

names of the persons for whom they desire to vote, provided that nothing

herein contained shall prevent an elector from voting for any qualified

person, although the name does not appear on the official ballot.

History: En. as Sec. 7283 D, by Sec. 4,
Cb. 50, L. 1925.

364

WATERS AND IRRIGATION 89-3312

CHAPTER 33

COUNTY AND MUNICIPAL PARTICIPATION IN
FLOOD CONTROL AND WATER CONSERVATION

Section 89-3312. Indebtedness and bonds — bond election — tax levy to pay indebted-
ness.

89-3312. Indebtedness and bonds — bond election — tax levy to pay in-
debtedness. Cities, towns and counties are hereby authorized to contract
indebtedness and to issue general obligation bonds to provide funds for
the payment of the cost of improvements contemplated by this act by
following the following procedures :

The governing body of the city, town or county may call a special elec-
tion to vote upon the proposition of issuing said bonds or may submit the
proposition as a special question at a regular municipal or general election.
The notice of the election and the election itself shall be carried out in ac-
cordance with sections 11-2301 through 11-2330, Revised Codes of Montana,
1947, as amended, as to cities, and in accordance with sections 16-2002
through 16-2050, Revised Codes of Montana, 1947, as amended, as to the
counties.

Taxes for the payment of said bonds shall be levied in accordance with
sections 11-2301 through 11-2330 and sections 16-2002 through 16-2050, Re-
vised Codes of Montana, 1947, as amended, as to cities and counties, re-
spectively. The indebtedness incurred for the purposes herein provided shall
not be considered an indebtedness for general or ordinary purposes and
shall not be charged against or counted as part of the levies available for
general or ordinary purposes.
History: En. Sec. 12, Ch. 272, L. 1965.

365

89-3401 ELECTION LAWS

CHAPTER 34

CONSERVANCY DISTRICTS
Section 89-3401. Organization of conservancy districts and construction of works a
public use — benefits.

89-3402. Purpose of act.

89-3403. Definitions.

89-3404. Preliminary survey — written request.

89-3405. Action by water board upon receipt of request.

89-3406. Hearing by water board.

89-3407. Feasibility study and report — adjustment of proposed boundaries.

89-3408. Procedure for organization of district.

89-3409. Court hearing on organization petition — election — voters needed to
organize — no jurisdiction to determine priority of appropriation.

89-3410. Filing of documents after organization.

89-3411. Reimbursement for expenses of organizing election.

89-3423. Persons entitled to vote.

89-3424. Election procedures.

89-3425. Challenging voters — oath — penalty for false subscription.

89-3428. Resolution for issuance of bonds — notice — election.

89-3429. Approval of bond issue at election — authorizes assessments — record-
ing of election results — validity of election — single proposition.

89-3442. Procedure for dissolution of district.

89-3443. Dissolution election — majority approval required.

89-3444. Submission of termination plan — termination by directors or receiver
— court order — retention of jurisdiction.

89-3401. Organization of conservancy districts and construction of
works a public use — benefits. To provide for the conservation and de-
velopment of the water and land resources of the state of Montana,
conserve Montana's water for utilization for beneficial purposes within
the state, and provide for the greatest beneficial use of water within this
state, the organization of conservancy districts and the construction of
works as defined by the act are a public use and will :

(1) be essentially for the public benefit and advantage of the people
of Montana ;

(2) benefit all industries of the state ;

(3) encourage economic growth ;

(4) indirectly benefit the state by increasing property valuations ;

(5) directly benefit municipalities by providing adequate supplies of
water for domestic uses ;

(6) directly benefit lands irrigated or drained by works constructed ;

(7) directly benefit lands now irrigated by stabilizing the flow of
water in streams and by increasing the flow and return flow of water to
those streams;

(8) enhance fish and wildlife habitat ;

(9) improve recreational facilities ; and

(10) promote the comfort, safety, and welfare of the people of Montana.
History: En. Sec. 1, Ch. 100, L. 1969.

89-3402. Purpose of act. The purpose of this act is to enable the for-
mation of conservancy districts, comprised of area in one or more counties
to promote the following purposes :

(1) prevent and control floods, erosion and sedimentation ;

(2) provide for regulation of stream flows and lake levels;

366

WATERS AND IRRIGATION 89-3403

(3) improve drainajje and to reclaim wet or overflowed lands ;

(4) promote recreation ;

(5) develop and conserve water resources and related lands, forest,
fish and wildlife resources;

(6) further provide for the conservation, development, and utiliza-
tion of land and water for beneficial uses includinpj, but not limited to,
domestic water supply, fish, industrial water supply, irrifration, livestock
water supply, municipal water sui)ply, recreation, and wildlife.

History: En. Sec. 2, Ch. 100, L. 1969.

89-3403. Definitions. As used in this act unless the context clearly
indicates otherwise :

(1) "District" means a conservancy district, which is a public cor-
poration and a political subdivision of the state.

(2) "Directors" means the board of directors of a conservancy dis-
trict.

(3) "Elector" means a person qualified to vote under section 23 [89-
3423] of this act.

(4) "Court" means the district court of the judicial district in which
the largest portion of the taxable valuation of real property of the pro-
posed district is located and within the county in which the largest
portion of the taxable valuation of real property of the proposed dis-
trict is located within the judicial district.

(5) "Person" means a natural person; firm; partnership; co-opera-
tive ; association ; public or private corporation, including the state of
Montana or the United States; foundation; state agency or institution;
county; municipality; district or other political subdivision of the state;
federal agency or bureau ; or any other legal entity.

(6) "Water board" means the state water resources board.

(7) "Board of supervisors" means the board of supervisors of the
soil and water conservation district in which the largest portion of the
taxable valuation of real property of the proposed district is located.

(8) "Works" means all property, rights, easements, franchises, and
other facilities including, but not limited to, land, reservoirs, dams,
canals, dikes, ditches, pumping units, mains, pipelines, waterworks sys-
tems, recreational facilities, facilities for fish and wildlife, and facilities
to control and correct pollution.

(9) "Cost of works" means the cost of construction, acquisition,
improvement, extension and development of works, including financing
charges, interest and professional services.

(10) "Applicants" means any person residing within the boundaries
of the proposed district making a request for a study of the feasibility
of forming a conservancy district.

(11) "Notice" means publication at least once each week for three
(3) consecutive weeks in a newspaper published in each county, or if
no newspaper is published in a county, a newspaper of general circula-
tion in the county, or counties, in which a district is or will be located.
The last published notice shall appear not less than five (5) days prior
to any hearing or election held under this act.

367

89-3404 ELECTION LAWS

(12) "Owners" are the person or persons who appear as owners of
record of the legral title to real property according to the county rec-
ords whether such title is held beneficially or in a fiduciary capacity,
except that a person holding a title for purposes of security is not an
owner nor shall he affect the previous title for purposes of this act.

(13) "Taxable valuation" shall mean the valuation determined ac-
cording to section 84-302, R. C. M., 1947, and does not mean assessed valu-
ation.

History: En. Sec. 3, Ch. 100, L. 1969.

89-3404. Preliminary survey — written request. (1) To request a pre-
liminary survey for a proposed conservancy district, the applicants shall
present a written request to the water board.

(2) The request shall :

(a) generally describe the proposed boundaries of the district ;

(b) specify the purpose or purposes of the district;
Cc) list the works contemplated.

(3) The water board may initiate a preliminary survey without any
prior request.

History: En. Sec. 4, Ch. 100, L. 1969.

89-3405. Action by water board upon receipt of request. (1) Sooner
than eleven (11) days after the request is received, the water board shall
acknowledge the request.

(2) The water board shall itself, or through co-operating agencies,
or together with co-operating agencies :

(a) consult with the board of supervisors and all persons who may
participate in the proposed project;

(b) conduct a preliminary survey of the proposed district;

(d) determine sources of financing ;

(e) reach a tentative decision on the feasibility, desirability and
compatability with the state water plan of the proposed district ;

(f) adjust the boundaries of the proposed district to improve the
feasibility, desirability or consistency with the state water plan ;

(g) sooner than six (6) months after receipt of the request, send
a report of the preliminary survey to the applicants, the board of super-
visors, fish and game commission, state soil conservation committee, state
board of health, and other affected state and federal resource agencies
for their comments.

History: En. Sec. 5, Ch. 100, L. 1969.

89-3406. Hearing by water board. (1) Upon receipt of the prelimi-
nary survey report the applicants, or any one of them, may request the
water board to hold a hearing. The water board shall hold the hearing
sooner than sixty-one (61) days after receipt of the request. Notice of
the hearing shall be given in accordance with section 3, subsection (11)
[89-3403(11)] of this act.

368

WATERS AND IRRIGATION 89-3408

(2) If the water board itself initiated the preliminary survey, it may
hold such a hearing without beinji: requested to do so.
History: En. Sec. 6, Ch. 100, L. 1969.

89-3407. Feasibility study and report — adjustment of proposed bound-
aries. After the hearing, the applicants, or any one of them, may re-
quest the water board to prepare a detailed feasibility study of the pro-
posed district. If the water board concludes that the proposed district
is feasible, desirable, and consistent with the state water plan, it shall
prepare a feasibility report, and sooner than six (6) months after receipt
of the request, send copies to the applicants, if any, the fish and game
commission, state soil conservation committee, state board of health, and
other affected state and federal water resource agencies. For good cause
shown based upon the actual technical problems in completing the re-
port, the water board may use necessary additional time to complete and
distribute the report. The detailed feasibility report shall describe the
proposed works and contain an estimate of the cost of the works, the
means of financing, and the estimated costs of operation and maintenance.
The water board may adjust the boundaries of the proposed district to
improve the feasibility, desirability and consistency with the state water
plan, and to exclude land which would receive no direct or indirect
benefits from the proposed district.
History: En. Sec. 7, Ch. 100, L, 1969.

89-3408. Procedure for organization of district. If in the opinion
of the water board the feasibility study shows that a district is feasible
and consistent with the state water plan, the procedure for organization
is:

(1) the water board shall file a petition requesting organization
with the court ;

(2) the petition shall :

(a) state the name of the proposed district ;

(b) give a legal description of the boundaries of the proposed dis-
trict, excluding therefrom lands which would receive no direct or in-
direct benefits from the proposed district ;

(d) describe the works;

(e) indicate the estimated cost of works, means of financing, and
estimated costs of operation and maintenance ;

(f) list the taxable valuation of real property in the proposed dis-
trict, which must be one hundred thousand dollars ($100,000) or more ;

(g) describe the means of repaying capital costs ;

(h) propose the persons who should be represented and the number
of directors.

(3) The petition shall be signed by owners of at least fifty-one per-
cent (51%) of the land outside the limits of an incorporated municipality,

369

89-3409 ELECTION LAWS

and not fewer than five per cent (5%) or one hundred (100), whichever
is the lesser, of the persons who would qualify as electors within an
incorporated municipality.
History: En. Sec. 8, Ch. 100, L. 1969.

89-3409. Court hearing on organization petition — election — voters
needed to organize — no jurisdiction to determine priority of appropria-
tion. (1) Upon receipt of a petition for organizing a district, the
court shall give notice and hold a hearing on the petition. If the courts
shall find that the prayer of the petition should be granted, it shall :

(a) make and file findings of fact specifying those lands that will
be directly or indirectly benefited by the proposed district, and exclude
those lands which will not be so benefited ;

(b) make an order fixing the time and place of an organizing elec-
tion;

(d) provide for election judges and fix their compensation ;

(e) fix the polling place or places as necessary ;

(f) order the county clerk to provide pollbooks, ballots, poll lists
and other necessary election supplies ;

(g) provide for canvassing the results ;
(h) declare the results ;

(i) order and decree the district organized if the requisite number
of eligible electors vote in favor of organization.

(2) In order for the district to be organized, fifty-one per cent
(51%) or more of the eligible electors must vote in the election, and a
majority of those voting must vote in favor of organization.

(3) This act shall not confer upon the court jurisdiction to hear,
adjudicate, and settle questions concerning the priority of appropria-
tion of water between districts and other persons. Jurisdiction to hear
and determine priority of appropriation, and questions of right grow-
ing out of, or in any way connected with a priority of appropriation,
are expressly excluded from this act and shall be determined as other-
wise provided by the laws of Montana.

History: En. Sec. 9, Ch. 100, L. 1969.

89-3410. Filing of documents after organization. Sooner than thirty-
one (31) days after the district has been decreed organized, the clerk
of the court shall transmit to the secretary of state, water board, and
to the county clerk and recorder in each of the counties having lands
in the district, copies of the election results, the decree of the court
incorporating the district, and a description of the boundaries of the
district. Copies of the same documents shall be filed in the office of
the secretary of state in the same manner as articles of incorporation
are required to be filed under the laws governing corporations. Copies
shall also be filed in the office of the county clerk and recorder of each
county in which a part of the district may be. The clerk and recorder

370

WATERS AND IRRIGATION 89-3424

of each county where the articles are filed and the secretary of state
shall collect filing; fees as provided by law.
History: En. Sec. 10, Ch. 100, L. 1969.

89-3411. Reimbursement for expenses of organizing election. If or-

fjanized, the district shall reimburse the county, or counties, for the ex-
penses incurred in the orjjranizinj? election.
History: En. Sec. 11, Ch. 100, L. 1969.

89-3423. Persons entitled to vote. (1) Only persons who are tax-
payers upon and owners of real property located within the di.strict and
whose names appear upon the last completed assessment roll of some
county within the district for state, county and school district taxes are
electors and shall be entitled to vote in elections, provided that :

(a) an elector need not reside within the district in order to vote ;

(b) where a corporation owns taxable real property within the
boundaries of the conservancy district, the authorized agent of such
corporation shall be entitled to cast a vote on behalf of the corporation ;

(c) where land is under contract of sale to a purchaser and the con-
tract is recorded, only the purchaser shall have the ri*;ht to vote ;

(d) guardians, executors, administrators, and trustees of real prop-
erty within the district, shall be entitled to cast the vote for the owner
of the land.

(2) When voting, an agent of a corporation or of co-owners, or a
guardian, executor, administrator, trustee, or purchaser under contract
of sale, may be required to show his authority by the judges of the elec-
tion.

History: En. Sec. 23, Ch. 100, L. 1969.

89-3424. Election procedures. Election procedures after organization
are :

(1) The directors shall designate the polling places, at least one
(1) in each county, and hours when the polls will be open ;

(2) Notice shall be published of the location of polling places and
hours when the polls are open as provided in section 3, subsection (11)
[89-3403(11)] of this act;

(3) The directors shall appoint three (3) judges for each polling
place and fix their compensation ;

(4) The judges shall appoint one (1) of their number as clerk of the
election ;

(5) The clerks and recorders of the counties in which the election
is to be held shall supply poll lists, registers, ballots, and other neces-
sary election supplies ;

(6) The judges shall cause the ballots to be counted and certify the
results to the directors;

(7) The directors shall canvass the returns ;

(8) The directors shall reimburse the counties for actual expenses
incurred in the election.

History: En. Sec. 24, Ch. 100, L. 1969.

371

89-3425 ELECTION LAWS

89-3425. Challenging voters — oath — penalty for false subscription.

An elector may challenge any person who claims the right to vote. Be-
fore voting, any person challenged must take and sign the following
oath or affirmation administered by an election judge :

"I (name) solemnly swear (or affirm) that I am an elector

of the district and have not voted today."

False subscription to the oath or affirmation is perjury and punishable
as such.
History: En. Sec. 25, Ch. 100, L. 1969.

89-3428. Resolution for issuance of bonds — notice — election. When
the directors find it necessary to issue bonds, the directors shall :

(1) pass a resolution which includes :

(a) the purpose or purposes for which the bonds will be issued ;

(b) the maximum amount and term of the bonds ;

(d) whether the bonds will be repaid from revenues, assessments,
or both.

(2) give notice as provided in section 3, subsection (11) [89-3403
(11)] of this act which shall include the resolution adopted by the
directors, location of polling places, and hours when the polls will be open ;

(3) hold an election as provided by section 24 [89-3424] of this act.
History: En. Sec. 28, Ch. 100, L. 1969.

89-3429. Approval of bond issue at election — authorizes assessments
— recording of election results — validity of election — single proposition.

(1) For a bond issue to be approved, forty per cent (40%) of the quali-
fied electors must vote thereon, and sixty per cent (60%) of those voting
must approve the issue.

(2) Approval of the bond issue shall authorize the directors to
make assessments as provided in section 16 [89-3416] necessary to pay
the principal and interest on bonds issued.

(3) The directors shall enter the results of the election in their rec-
ords.

(4) If otherwise fairly conducted, no irregularities or informalities
shall invalidate the election.

(5) Bonds for more than one purpose may be submitted to the elec-
tors as a single proposition.

History: En. Sec. 29, Ch. 100, L. 1969.

89-3442. Procedure for dissolution of district. (1) The procedure
for dissolution of a district is :

(a) a resolution shall be passed by the directors requesting dissolution ;
or

(b) a petition signed by twenty per cent (20%) of the electors
representing ten per cent (10%) of the taxable valuation of real property
in the district shall be presented to the directors ; or

372

WATERS AND IRRIGATION 89-3444

(2) The resolution or petition shall be presented to the court by
the directors, or by the petitioners if the directors remain inactive.

(3) Not more than one (1) resolution or petition may be presented
to the court in any twenty-four (24) month period, and no such petition
may be presented during the first twenty-four (24) months after a dis-
trict's initial organization.

History: En. Sec. 42, Ch. 100, L. 1969.

89-3443. Dissolution election — majority approval required. (1) After
receipt of petition or resolution for dissolution, the court shall order an
election in the way provided by section 24 [89-3424] of this act.

(2) For dissolution to be approved, a majority of the electors voting
must favor dissolution.
History: En. Sec. 43, Ch. 100, L. 1969.

89-3444. Submission of termination plan — termination by directors
or receiver — court order — retention of jurisdiction. (1) In the event
the vote is for dissolution, any qualified elector, or the board of directors
of the district may, within the time fixed by the court, present a written
plan for terminating the affairs of the district which shall include as-
signment of any water rights and works owned by the district.

(2) The plan may specify that the affairs of the district shall be
terminated by the directors or by a receiver appointed by the court.

(3) On a day fixed by the court, the court shall consider the plan
or plans and shall enter an order establishing a plan for the termination
of the affairs.

(4) The court shall retain jurisdiction to modify the plan and shall
supervise the termination.

History: En. Sec. 44, Ch. 100, L. 1969.

373

93-201 ELECTION LAWS

TITLE 93

CIVIL PROCEDURE

Section

93-201.

93-202.

93-203.

93-208.

93-209.

93-219.

CHAPTER 2

SUPEEME COUET

Justices — number increased to five — election and term of office.
Term of office and designation of first additional justice.
Term of office and designation of second additional justice.
Computation of years of office.
Vacancies.

Judge becoming candidate for elective office — resigning of supreme
court office — exceptions — vacancy.
93-220. Filling vacancy.

93-201. (8790) Justices — ^number increased to five — election and term
of office. On and after September 1, 1919, the supreme court shall consist
of a chief justice and four associate justices, who shall be elected by the
qualified electors of the state at large at the general state elections next
preceding the expiration of the terms of office of their predecessors, re-
spectively, and shall hold their offices for the term of six years from and
after the first Monday of January next succeeding their election.

History: En. Sec. 12, 0. Oiv. Proc. 1895; Ch. 31, Ex. L. 1919; re-en. Sec. 8790, B. C.
re-en. Sec. 6244, Bev. O 1907; amd. Sec. 1, M. 1921. Cal. C. Civ. Proc. Sec. 40.

93-202. (8791) Term of office and designation of first additional justice.

The first term of office of one of the additional justices of the supreme

court hereby provided for shall extend from the first day of September,

1919, to the first Monday of January, 1921 ; and John Hurley of Valley

county, Montana, is hereby named as said justice of the supreme court,

and he shall hold said office for said term.

History: En. Sec. 2, Ch. 31, Ex. I*. 1919;
re-en. Sec. 8791, R. 0. M. 1921.

93-203. (8792) Term of office and designation of second additional

justice. The first term of office of the other said additional justice of the

supreme court hereby provided for shall extend from the first day of

September, 1919, to the first Monday of January, 1923 ; and George Y.

Patten of Gallatin county, Montana, is hereby named as said additional

justice of the supreme court, and he shall hold office for said term.

History: En. Sec. 3, Cli. 31, Ex. L. 1919;
re-en. Sec. 8792, R. 0. M. 1921.

93-208. (8797) Computation of years of office. The years during which
a justice of the supreme court is to hold office are to be computed respec-
tively from and including the first Monday of January of any one year
to and excluding the first Monday of January of the next succeeding year.

History: En. Sec. 13, C. C?iv. Proc. 1895; 8797, R. C. M. 1921. Cal. C. Civ. Proc. Sec.
re-en. Sec. 6245, Rev. C. 1907; re-en. Sec. 41.

374

CIVIL PROCEDURE 93-301

93-209. (8798) Vacancies. If a vacancy occur in the ofifice of a justice

of the supreme court, the governor must appoint an eligible person to hold

the ofifice until the election and qualification of a justice to fill the vacancy,

which election must take place at the next succeeding general election; and

the justice so elected holds the ofifice for the remainder of the unexpired

terra of his predecessor.

History: En. Sec. 14, C. Civ. Proc. 1895; 8798, R. C. M. 1921. Cal. 0. Oiv. Proc. Sec,
re-en. Sec. 6246, Rev. C. 1907; re-en. Sec. 42.

93-219. Judge becoming candidate for elective office — resigning of su-
preme court office — exceptions — vacancy. Whenever any person holding or
occupying the ofifice of chief justice or associate justice on the supreme court
of the state of Montana shall become a candidate for election to any elec-
tive ofifice under the lavs^s of/or in the state of Montana, such person shall
forthwith, and in any event at or before the time required for such person
to file as a candidate for such ofifice at any primary or special or general
election, resign said ofifice of chief justice or associate justice of said su-
preme court except where such person is a bona fide candidate for re-elec-
tion to the identical ofifice then held or occupied by him or for another non-
partisan judicial ofifice the term of which shall commence not earlier than
the end of the term of the ofifice then held or occupied by such justice and
said resignation shall become efifective forthwith on delivery of the same
to the proper ofificer or superior, and in the event of failure so to resign
said ofifice of chief justice or associate justice of said supreme court or of
district judge of any of said district courts the same shall, ipso facto, be-
come wholly vacant and unoccupied and the said former holder or occu-
pant shall have no further right, power, or authority therein for any pur-
pose, and no right to any emoluments thereof, notwithstanding the fact
that a successor is not appointed or elected ; and said vacancy shall become
operative to deprive any person of the emoluments of said ofifice then
held in order to carry out the policy of this act.
History: En. Sec. 1, Ch. 139, L. 1957.

93-220. Filling vacancy. In all cases the proper appointing or other
power shall promptly fill all vacancies occurring because of the provisions
of this act by appointment of competent and qualified persons according
to law.
History: En. Sec. 2, Ch. 139, L. 1957.

CHAPTER 3

DISTRICT COURTS

Section 93-301. Judicial districts defined.

93-301.1. Eighteenth judicial district created.

93-301.2. Sixth judicial district.

93-302. Number of judges.

93-309. Vacancies.

93-301. (8812) Judicial districts defined. In this state there are seven-
teen judicial districts, distributed as follows:

First district : Lewis and Clark and Broadwater counties.

375

93-301.1 ELECTION LAWS

Second district : Silver Bow comity.

Third district : Deer Lodge, Granite, and Powell counties.

Fourth district : Missoula, Mineral, Lake, Ravalli, and Sanders counties.

Fifth district: Beaverhead, Jefferson, and Madison counties.

Sixth district: Gallatin, Park, and Sweet Grass counties.

Seventh district: Dawson, McCone, Richland, and Wibaux counties.

Eighth district: Cascade and Chouteau counties.

Ninth district: Teton, Pondera, Toole, and Glacier counties.

Tenth district : Fergus, Judith Basin, and Petroleum counties.

Eleventh district: Flathead and Lincoln counties.

Twelfth district : Liberty, Hill, and Blaine counties.

Thirteenth district: Yellowstone, Big Horn, Carbon, Stillwater, and
Treasure counties.

Fourteenth district: Meagher, Wheatland, Golden Valley, and Mussel-
shell counties.

Fifteenth district: Roosevelt, Daniels, and Sheridan counties.
Sixteenth district : Custer, Carter, Fallon, Prairie, Powder River, Gar-
field, and Rosebud counties.

Seventeenth district: Phillips and Valley counties.

History: En. Sec. 6256, Rev. C. 1907;
re-en. Sec. 8812, R. C. M. 1921; amd. Sec.
1, Ch. 91, L. 1929.

93-301.1. Eighteenth judicial district created. That there is hereby
created a new judicial district of the state of Montana, to be known as the
eighteenth judicial district of the state of Montana, and that the same
shall embrace and comprise the territory within the county of Gallatin
within the state of Montana, which after the passage of this act shall
constitute the eighteenth judicial district of the state of Montana.
History: En. Sec. 1, Ch. 80, L. 1947.

93-301.2. Sixth judicial district. That the sixth judicial district of the
state of Montana shall hereafter embrace the territory within the counties
of Park and Sweet Grass.
History: En. Sec. 2, Ch. 80, L. 1947.

93-302. (8813) Number of judgfes. In each judicial district there must
be the following number of judges of the district court, who must be
elected by the qualified voters of the district, and whose term of office
must be four (4) years, to wit: In the first, second, eleventh and sixteenth,
two judges each, in the thirteenth, eighth and fourth, three judges, and,
in all other districts, one judge each.

On or before April 1, 1963, the governor of this state shall designate
and appoint a judge of the fourth judicial district who shall hold office
until the general election to be held during the year 1964, and until his
successor is elected and qualified.

376

CIVIL PROCEDURE 93-406

History: En. Sec. 1, p. 156, L. 1901; re- 1929; amd. Sec. 1, Ch. 18, L. 1955; amd.
en- Sec. 6264, Bev. C. 1907; re-en. Sec. Sec. 1, Ch. 91, L. 1957; amd. Sec. 1, Ch.
8813, R. C. M. 1921; amd. Sec. 2, Ch. 91, L. 161, L. 1959; amd. Sec. 1, Ch. 229, L. 1963.

93-309. (8820) Vacancies. If a vacancy occur in the office of a district

court, the governor must appoint an eligible person to hold the office until

the election and qualification of a judge to fill the vacancy, which election

must take place at the next succee<ling general election, and the judge so

elected holds office for the remainder of the unexpired term.

History: En. Sec. 35, C. Civ. Proc. 1895; 8820, R. C. M. 1921. Cal. C. Civ. Proc. Sec.
re-en. Sec. 6269, Rev. C. 1907; re-en. Sec. 70.

CHAPTER 4

JUSTICES' AND POLICE COURTS

Section 93-401. Justices' courts and justices.
93-405. Terms of office.
93-406. Vacancies.

93-401. (8833) Justices' courts and justices. There must be at least
two justices' courts in each of the organized townships of the state, for
which two justices of the peace must be elected by the qualified electors
of the township at the general state election next preceding the expiration
of the term of office of his predecessor.

History: En. Sec. 60, C. Civ, Proc. 1895; 8833, E. C. M. 1921. Cal. C. Civ. Proc. Sec.
re-en. Sec. 6279, Rev. C. 1907; re-en. Sec. 85.

93-405. (8837) Terms of oflace. The term of office of justices of peace

is two years from the first Monday in January next succeeding their election.

History: En. Sec. 64, C. Civ. Proc. 1895; 8837, R. C. M. 1921. Oal. C. Civ. Proc. Sec.
re-en. Sec. 6283, Rev. C. 1907; re-en. Sec. 110.

93-406. (8838) Vacancies. If a vacancy occurs in the office of a justice

of the peace, the county commissioners of the county must appoint an

eligible person to hold the office for the remainder of the unexpired term.

History: En. Sec. 65, C. Civ. Proc. 1895; 8838, R. C. M. 1921. Cal. O. Civ. Proc. Sec.

re-en. Sec. 6284, Rev. C. 1907; re-en. Sec. 111.

377

94-1401 ELECTION LAWS

TITLE 94

CRIMES AND CRIMINAL PROCEDURE

CHAPTER 14

ELECTION FRAUDS AND OFFENSES— CORRUPT PRACTICES ACT

Section 94-1401. Violation of election laws by certain officers a felony.

94-1402. Fraudulent registration a felony.

94-1403. Fraudulent voting.

94-1404. Attempting to vote without being qualified.

94-1405. Procuring illegal voting.

94-1406. Changing ballots or altering returns by election officers.

94-1407. Judges unfolding or marking ballots.

94-1408. Forging or altering returns.

94-1409. Adding to or subtracting from votes given.

94-1410. Persons aiding and abetting.

94-1411. Intimidating, corrupting, deceiving or defrauding electors.

94-1412. Offenses under the election laws.

94-141.S. Officers of election not to electioneer, etc.

94-1414. Offenses at an election.

94-1415. Furnishing money or entertainment for, or procuring attendance of,
electors.

94-1416. Unlawful offer to appoint to office.

94-1417. Communication of same.

94-1418. Bribing members of legislative caucuses, etc.

94-1419. Preventing public meetings of electors.

94-1420. Disturbances of public meetings of electors.

94-1421. Betting on elections.

94-1422. Violation of election laws.

94-1423. Bribery.

94-1424. Unlawful acts of employers.

94-1425. Fines paid into school fund.

94-1426. Violation of act voids election.

94-1427. Expenditure by or for candidate for office.

94-1428. Limitation of expenditures by candidate — by party organizations — by
relatives.

94-1429. Definition of terms.

94-1430. Statement by candidate as to moneys expended — filing after election-
penalty.

94 1431. Accounts of expenditures by political conunittoes and otlior persons —
stiitoinent.

94-1432. Copies of act to be furnished certain public officers and candidates.

94-1433. Inspection of accounts — complaints — statement of receipts.

94-1434. Prosecutions for failure to file statement.

94-1435. Jurisdiction- — court may compel filing of statements.

94-1436. Record of statements — copies.

94-1437. Payments in name of undisclosed principal.

94-1438. Promise to procure appointment or election.

94-1439. Public officer or employee not to contribute funds.

94-1440. Certain public officers prohibited from acting as delegates or members

of political committee.

94-1441. Transfer of convention credential.

94-1442. Inducing person to be or not to be candidate.

94-1443. What demands or requests shall not be made of candidates.

94-1444. Contributions from corporations, public utilities and others.

94-1445. Treating.

378

CRIMES AND CRIMINAL PROCEDURE 94-1402

94-1446. Challenging voters — procedure.

94-1447. Coercion or undue influence of voters.

94-1448. Bets or wagers on election results.

94-1449. Personating another elector — penalty.

94-1450. Corrupt practice, what constitutes.

94-1451. Compensating voter for loss of time — badges and insignia.

94-1452. Publications in newspapers and periodicals.

94-1453. Solicitation of votes on election day.

94-1454. Political criminal libel.

94-1455. Filing of statement of expenses by candidate.

94-1456. Inducement to accept or decline nomination.

94-1457. Forfeiture of nomination or office for violation of law, when not

worked.

94-1458. Punishment for violation of act.

94-1459. Time for commencing contest.

94-1460. Court having jurisdiction of proceedings.

94-1461. Repealed.

94-1462. Duty of county attorney on violation of act — penalty for neglect or

refusal to act.

94-1463. Declaration of result of election after rejection of illegal votes.

94-1464. Grounds for contest of nomination or office.

94-1465. Nomination or election not to be vacated, when.

94-1466. Reception of illegal votes, allegations and evidence.

94-1467. Contents of contest petition — amendment — bond — costs — citation —

precedence.

94-1468. Hearing of contest.

94-1469. Corporations — proceedings against, for violation of act.

94-1470. Penalty for violations not otherwise provided for.

94-1471. Advancement of cases — dismissal, when — privileges of witnesses.

94-1472. Form of complaint.

94-1473. Form of statement of expenses.

94-1474. False oaths or affidavits — perjury.

94-1475. Political literature to contain name of officer of organization or person

publishing and producing.

94-1476. Violation of preceding section a misdemeanor.

94-1401. (10747) Violation of election laws by certain ofllcers a felony.
Every person charged with the performance of any duty, under the provi-
sions of any law of this state relating to elections, or the registration of the
names of electors, or the canvassing of the returns of election, who wilfully
neglects or refuses to perform such duty, or who, in his official capacity,
knowingly and fraudulently acts in contravention or violation of any of
the provisions of such laws, is, unless a different punishment for such acts
or omissions is prescribed by this code, punishable by fine not exceeding
one thousand dollars, or by imprisonment in the state prison not exceeding
five years, or both.

History: En. Sec. 60, Pen. C. 1895;
re-en. Sec. 8124, Rev. C. 1907; re-en. Sec.
10747, E. C. M. 1921. Cal. Pen. C. Sec. 41.

94-1402. (10748) Fraudulent registration a felony. Every person who
wilfully causes, procures, or allows himself to be registered in the official
register of any election district of any county, knowing himself not to be
entitled to such registration, is punishable by a fine not exceeding one thou-
sand dollars, or by imprisonment in the county jail or state prison not ex-
ceeding one year, or both. In all cases where, on the trial of the person
charged with any offense under the provisions of this section, it appears in
evidence that the accused stands registered in such register of any county,

379

94-1403 ELECTION LAWS

without being qualified for such registration, the court must order such

registration to be canceled.

History: En. Sec. 61, Pen. C. 1895;
re-en. Sec. 8125, Rev. C. 1907; re-en. Sec.

10748, R. C. M. 1921. CaL Pen. C. Sec. 42.

94-1403. (10749) Fraudulent voting. Every person not entitled to vote
who fraudulently votes, and every person who votes more than once at any
one election, or changes any ballot after the same has been deposited in the
ballot-box, or adds, or attempts to add, any ballot to those legally polled
at any election, either by fraudulently introducing the same into the ballot-
box before or after the ballots therein have been counted; or adds to, or
mixes with, or attempts to add to or mix with, the ballots lawfully polled,
other ballots, while the same are being counted or canvassed, or at any
other time, with intent to change the result of such election; or carries
away or destroys, or attempts to carry aAvay or destroy, any poll-lists,
check-lists, or ballots, or ballot-box, for the purpose of breaking up or
invalidating such election, or wilfully detains, mutilates, or destroys any
election returns, or in any manner so interferes with the officers holding
such election or conducting such canvass, or with the voters lawfully
exercising their rights of voting at such election, as to prevent such election
or canvass from being fairly held and lawfully conducted, is guilty of a
felony.

History: En. Sec. 62, Pen. C. 1896;
re-en. Sec. 8126, Rev. C. 1907; re-en. Sec.

10749, E. 0. M. 1921. Cal. Pen. 0. Sec. 46.

94-1404. (10750) Attempting to vote without being qualified. Every

person not entitled to vote, who fraudulently attempts to vote or register, or

who, being entitled to vote, attempts to vote or register more than once at

any election, is guilty of a misdemeanor.

History: En. Sec. 63, Pen. C. 1895;
re-en. Sec. 8127, Rev. C. 1907; re-en. Sec.

10750, R. C. M. 1921. Cal. Pen. C. Sec. 46.

94-1405. (10751) Procuring illegal voting. Every person who procures,

aids, assists, counsels, or advises another to register or give or offer his vote

at any election, knowing that the person is not entitled to vote or register,

is guilty of a misdemeanor.

History: En. Sec. 64, Pen. C. 1895;
re-en. Sec. 8128, Rev. C. 1907; re-en. Sec.

10751, R. C. M. 1921. Cal. Pen. C. Sec. 47.

94-1406. (10752) Changing ballots or altering returns by electior
officers. Every officer oT clerk of election who aids in changing or destroying
any poll-list or check-list, or in placing any ballots in the ballot-box, or
taking any therefrom, or adds, or attempts to add, any ballots to those
legally polled at such election, either by fraudulently introducing the same
into the ballot-box before or after the ballots therein have been counted, or
adds to or mixes with, or attempts to add to or mix with, the ballots

380

CRIMES AND CRIMINAL PROCEDURE 94-1410

polled, any other ballots, while the same are being counted or canvassed, or

at any other time, with intent to change the result of such election, or

allows another to do so, when in his power to prevent it, or carries away

or destroys, or knowingly allows another to carry away or destroy, any

poll-list, check-list, ballot-box, or ballots lawfully' polled, is guilty of a felony.

History: En. Sec. 65, Pen. C. 1895;
re-en. Sec. 8129, Rev. C. 1907; re-en. Sec.

10752, R. C. M. 1921. Cal. Pen. C. Sec. 48.

94-1407. (10753) Judges unfolding or marking ballots. Every judge

or clerk of an election who, previous to putting the ballot of an elector in the

ballot-box, attempts to find out any name on such ballot, or who opens

or suffers the folded ballot of any elector which has been handed in, to be

opened or examined previous to putting the same into the ballot-box, or

who makes or places any mark or device on any folded ballot, v/ith the

view to ascertain the name of any person for whom the elector has voted,

is punishable by imprisonment in the county jail for a period of six

months, or in the state prison not exceeding two years, or by fine, not

exceeding five hundred dollars, or by both.

History: En. Sec. 66, Pen. C. 1896;
re-en. Sec. 8130, Rev. C. 1907; re-en. Sec.

10753, R. C. M. 1921. Cal. Pen. C. Sec. 49.

94-1408. (10754) Forging- or altering returns. Every person who forges
or counterfeits returns of an election purporting to have been held at a
precinct, town, or ward where no election was in fact held, or wilfully sub-
stitutes forged or counterfeit returns of election in the place of the true
returns for a precinct, town, or ward where an election was actually held, is
punishable by imprisonment in the state prison for a term not less than
two nor more than ten years.

History: En. Sec. 67, Pen. C. 1895;
re-en. Sec. 8131, Rev. C. 1907; re-en. Sec.

10754, R. C. M. 1921. Cal. Pen, C. Sec. 50.

94-1409. (10755) Adding to or subtracting from votes given. Every
person who wilfully adds to or subtracts from the votes actually cast at an
election, in any returns, or who alters such returns, is punishable by im-
prisonment in the state prison for not less than one nor more than five years.

History: En. Sec. 68, Pen. C. 1895;
re-en. Sec. 8132, Rev. C. 1907; re-en. Sec.

10755, R. C. M. 1921. Cal. Pen. C. Sec. 51.

"94-1410. (10756) Persons aiding and abetting. Every person who aids
or abets in the commission of any of the offenses mentioned in the four pre-
ceding sections is punishable by imprisonment in the county jail for a period
of six months, or in the state prison not exceeding two years.

History: En. Sec. 69, Pen. C. 1895;
re-en. Sec. 8133, Rev. C. 1907; re-ea. Sec.
10766, R. C. M. 1921. Cal. Pen. C. Sec. 62.

381

94-1411 ELECTION LAWS

94-1411. (10757) Intimidating, corrupting, deceiving or defrauding
electors. Every person who, by force, threats, menaces, bribery, or any
corrupt means, either directly or indirectly, attempts to influence any elector
in giving his vote, or to deter him from giving the same, or attempts by any
means whatever to awe, restrain, hinder, or disturb any elector in the free
exercise of the right of suffrage, or defrauds any elector at any such
election, by deceiving and causing such elector to vote for a different
person for any office than he intended or desired to vote for; or who,
being judge or clerk of any election, while acting as such, induces, or
attempts to induce, any elector, either by menaces or reward, or promise
thereof, to vote differently from what such elector intended or desired
to vote, is guilty of a misdemeanor, and is punishable by a fine not exceed-
ing one thousand dollars, or imprisonment not to exceed one year, or both.

History: En. Sec. 70, Pen. C. 1895;
re-en. Sec. 8134, Eev. C. 1907; re-en. Sec.

10757, R. C. M. 1921. Oal. Pen. C. Sec. 53.

94-1412. (10758) Offenses under the election laws. Every person who
falsely makes, or fraudulently defaces or destroys, the certificates of nomi-
nation of candidates for office, to be filled by the electors at any election, or
any part thereof, or files or receives for filing any certificate of nomination,
knowing the same, or any part thereof, to be falsely made, or suppresses
any certificate of nomination, which has been duly filed, or any part
thereof, or forges or falsely makes the official indorsement on any ballot,
is guilty of a felony, and upon conviction thereof is punishable by imprison-
ment in the state prison not less than one nor more than five years.

History: En. Sec. 71, Pen. C. 1895;
re-en. Sec. 8135, Rev. C. 1907; re-en. Sec.

10758, R. C. M. 1921.

94-1413. (10759) Ofllcers of election not to electioneer, etc. Every
officer or clerk of election who deposits in a ballot-box a ballot on which the
official stamp, as provided by law, does not appear, or does any electioneering
on election day, is guilty of a misdemeanor, and upon conviction is punish-
able by imprisonment not to exceed six months, or by a fine not less than
fifty nor more than five hundred dollars, or both.

History: En. Sec. 72, Pen. C. 1896;
re-en. Sec. 8136, Rev. C. 1907; re-en. Sec.

10759, R. C. M. 1921.

94-1414. (10760) Offenses at an election. Every person who, during an
election, removes or destroys any of the supplies or other conveniences placed
in the booths or compartments for the purpose of enabling a voter to prepare
his ballot, or prior to or on the day of election wilfully defaces or destroys
any list of candidates posted in accordance with the provisions of law,
or during an election tears down or defaces the cards printed for the
instruction of voters, or does any electioneering on election day within
any polling-place or any building in which an election is being held^ or
within twenty-five feet thereof, or obstructs the doors or entries thereof,

382

CRIMES AND CRIMINAL PROCEDURE 94-1417

or removes any ballot from the polling-place before the closing of the polls,

or shows his ballot to any person after it is marked so as to reveal the

contents thereof, or solicits an elector to show his ballot after it is marked,

or places a mark on his ballot by which it may afterward be identified,

or receives a ballot from any other person than one of the judges of the

election having charge of the ballots, or votes or offers to vote any

ballot except such as he has received from the judges of election having

charge of the ballots, or does not return the ballot before leaving the

polling-place, delivered to him by such judges, and which he has not

voted, is guilty of a misdemeanor, and is punishable by a fine not exceeding

one hundred dollars.

History: En. Sec. 73, Pen. C. 1895;
re-€n. Sec. 8137, Rev. C. 1907; re-en. Sec.

10760, E. C. M. 1921.

94-1415. (10761) Furnishing money or entertainment for, or procuring
attendance of, electors. Every person who, with the intention to promote
the election of himself or any other person, either:

1. Furnishes entertainments, at his expense, to any meeting of electors
previous to or during an election ;

2. Pays for, procures, or engages to pay for any such entertainment ;

3. Furnishes or engages to pay any money or property for the purpose
of procuring the attendance of voters at the polls, or for the purpose of
compensating any person for procuring the attendance of voters at the
polls, except for the conveyance of voters who are sick or infirm ;

4. Furnishes or engages to pay or deliver any money or property for
any purpose intended to promote the election of any candidate, except for
the expenses of holding and conducting public meetings for the discussion
of public questions, and of printing and circulating ballots, handbills, and
other papers, previous to such election ;

is guilty of a misdemeanor.

History: En. Sec. 74, Pen. C. 1895;
re-en. Sec. 8138, Rev. C. 1907; re-en. Sec.

10761, R. C. M. 1921. Cal. Pen. C. Sec. 54.

94-1416. (10762) Unlawful offer to appoint to oflSce. Every person
who, being a candidate at any election, offers, or agrees to appoint or pro-
cure, the appointment of any particular person to office, as an inducement or
consideration to any person to vote for, or to procure or aid in procuring the
election of such candidate, is guilty of a misdemeanor.

History: En. Sec. 75, Pen. C. 1895;
re-en. Sec. 8139, Rev. C. 1907; re-en. Sec.
10762, R. C. M. 1921. Cal. Pen. C. Sec. 55.

94-1417. (10763) Communication of same. Every person, not being a
candidate, who communicates any offer, made in violation of the last section,
to any person, with intent to induce him to vote for, or to procure or to aid

383

94-1418 ELECTION LAWS

in procuring the election of the candidate making the offer, is guilty of a

niisdomeanor.

History: En. Sec. 76, Pen. C. 1895;
re-en. Sec. 8140, Rev. C. 1907; re-en. Sec.

10763, R. C. M. 1921. Cal. Pen. C. Sec. 56.

94-1418. (10764) Bribing" members of legislative caucuses, etc. Every
person who gives or offers a bribe to any officer or member of any legislative
caucus, political convention, or political gathering of any kind, held for
the purpose of nominating candidates for offices of honor, trust, or profit,
in this state, with intent to influence the person to whom such bribe is
given or offered to be more favorable to one candidate than another, and
every person, member of either of the bodies in this section mentioned,
who receives or offers to receive any such bribe, is punishable by imprison-
ment in the state prison not less than one nor more than fourteen years.

ffistory: En. Sec. 77, Pen. C. 1895;
re-en. Sec. 8141, Rev. C. 1907; re-en. Sec.

10764, R. C. M. 1921. Cal. Pen. C. Sec. 57.

94-1419. (10765) Preventing public meetings of electors. Every person

who, by threats, intimidations, or violence, wilfully hinders or prevents

electors from assembling in public meeting for the consideration of public

questions, is guilty of a misdemeanor.

History: En. Sec. 78, Pen. C. 1895;
re-en. Sec. 8142, Rev. C. 1907; re-en. Sec,

10765, R. C. M. 1921. Cal. Pen. C. Sec. 58.

94-1420. (10766) Disturbances of public meetings of electors. Every

person who wilfully disturbs or breaks up any public meeting of electors or

others, lawfully being held for the purpose of considering public questions,

or any public school or public school meeting, is guilty of a misdemeanor.

History: En. Sec. 79, Pen. C. 1895;
re-en. Sec. 8143, Rev. C. 1907; re-en. Sec.

10766, R. C. M. 1921.

94-1421. (10767) Betting on elections. Every person who makes, offers,

or accepts any bet or wager upon the result of any election, or upon the

success or failure of any person or candidate, or upon the number of votes to

be cast, either in the aggregate or for any particular candidate, or upon the

vote to be cast by any person, is guilty of a misdemeanor.

History: En. Sec. 80, Pen. C. 1895;
re-en. Sec. 8144, Rev. C. 1907; re-en. Sec.

10767, R. C. M. 1921. Cal. Pen. C. Sec. 60.

94-1422. (10768) Violation of election laws. Every person who wilfully

violates any of the provisions of the laws of this state relating to elections is,

unless a different punishment for such violation is prescribed by this code,

punishable by fine not exceeding one thousand dollars, or by imprisonment

in the state prison not exceeding five years, or both.

History: En. Sec. 81, Pen. C. 1896;
re-en. Sec. 8145, Rev. C. 1907; r^en. Sec.

10768, R. C. M. 1921. Cal. Pen. 0. Sec. 61.

384

CRIMES AND CRIMINAL PROCEDURE 94-1423

94-1423. (10769) Bribery. The following persons shall be deemed
guilty of bribery, and shall be punished by a fine not exceeding one thousand
dollars, and imprisonment in the penitentiary not exceeding one year:

1. Every person who, directly or indirectly, by himself or by any
other person on his behalf, gives, lends, or agrees to give or lend, or offers
or promises, any money or valuable consideration, or promises to procure,
or endeavors to procure, any money or valuable consideration, to or for
any election, or to or for any person on behalf of any elector, or to or for
any person, in order to induce any elector to vote or refrain from voting,
or corruptly does any such act as aforesaid ;

2. Every person who, directly or indirectly, by himself or by any
other person on his behalf, gives, or procures, or agrees to give or procure,
or offers or promises, any office, place, or employment, to or for any
elector, or to or for any other person, in order to induce such elector to
vote or refrain fom voting, or corruptly does any such act as aforesaid,
on account of any elector having voted or refrained from voting at any
election;

3. Every person who, directly or indirectly, by himself or by any
other persons on his behalf, makes any gift, loan, offer, promise, procure-
ment, or agreement as aforesaid, to or for any person, in order to induce
such person to procure or endeavor to procure the return of any person
to serve in the legislative assembly, or the vote of any elector at any
election;

4. Every person who, upon or in consequence of any such gift, loan,
offer, promise, procurement, or agreement, procures or promises, or en-
deavors to procure, the election of any candidate to the legislative assembly,
or the vote of any elector at any election ;

5. Every person who advances or pays, or causes to be paid, any
money to, or to the use of any other person, with the intent that such
money, or any part thereof, shall be expended in bribery, or in corrupt
practices, at any election, or who knowingly pays, or causes to be paid,
any money to any person in discharge or repayment of any money wholly
or in part expended in bribery or corrupt practices at any election ;

6. Every elector who, before or during any election, directly or in-
directly, by himself or any other person on his behalf, receives, agrees, or
contracts for any money, gift, loan, valuable consideration, office, place,
or employment, for himself or any other person, for voting or agreeing to
vote, or for refusing or agreeing to refrain from voting at any election;

7. Every person who, after any election, directly or indirectly, by him-
self or by any other person in his behalf, receives any money., gift, loan,
valuable consideration, office, place, or employment, for having voted
or refrained from voting, or having induced any other person to vote or
refrain from voting, at any election ;

8. Every person, whether an elector or otherwise, who, before or during
any election, directly or indirectly, by himself or by any other person on
his behalf, makes approaches to any candidate or agent, or any person
representing or acting on behalf of any candidate at such election, and asks

385

94-1424 ELECTION LAWS

for, or offers to agree or contract for, any money, gift, loan, valuable
consideration, office, place, or employment for himself or any other person,
for voting or agreeing to vote, or for refraining or agreeing to refrain from
voting at such election ;

9. Every person, whether an elector or otherwise, who, after an elec-
tion, directly or indirectly, by himself or by any other person on his behalf,
makes approaches to any candidate, or any agent or person representing
or acting on behalf of any candidate, and asks for or offers to receive
any money, gift, loan, valuable consideration, office, place, or employ-
ment, for himself or any other person, for having voted of refrained from
voting, or having induced any other person to vote or refrain from voting
at such election;

10. Every person who, in order to induce a person to allow himself
to be nominated as a candidate, or to refrain from becoming a candidate,
or to withdraw if he has so become, gives or lends any money or valuable
consideration whatever, or agrees to give or lend, or offers or promises
any such money or valuable consideration, or promises to procure or try to
procure, or tries to procure, for such person, or for any other person, any
money or valuable consideration ;

11. Every person who, for the purpose and with the intent in the last
preceding subsection mentioned, gives or procures any office, place, or
emplo3'ment, or agrees to give or procure, or offers or promises, such office,
place, or employment, or endeavors to procure, or promises to procure or to
endeavor to procure, such office, place, or employment, to or for such
person or any other person ;

12. Every person who, in consideration of any gift, loan, offer, promise,
or agreement, as mentioned in the two last preceding subsections, allows
himself to be nominated, or refuses to allow himself to be nominated, as a
candidate at an election, or withdraws if he has been so nominated ;

13. Every elector, candidate for nomination, nominee, or political com-
mittee who shall pay, or offer to pay, the fee for any person who is
about to, or has made his declaration of intention, or has taken out, or
is about to take out, his final papers as a citizen of the United States; and
every person who receives any money or other valuable tiling to j)ay such
fee, or permits the same to be paid for him.

History: En. Sec. 105, Pen. C. 1895;
re-en. Sec. 8169, Rev. C. 1907; re-en. Sec.
10769, R. C. M. 1921. Cal. Pen. C. Sec. 54b.

94-1424. (10770) Unlawful acts of employers. It shall be unlawful for
any employer, in paying his employees the salary or wages due them, to
inclose their pay in "pay envelopes" upon which there is written or printed
the name of any candidate or political mottoes, devices, or arguments con-
taining threats or promises, express or implied, calculated or intended to
influence the political opinions or actions of such employees. Nor shall
it be lawful for an employer, within ninety days of an election, to put
up or otherwise exhibit in his factory, workshop, or other establishment
or place where his workmen or employees may be working, any hand-

386

CRIMES AND CRIMINAL PROCEDURE 94-1427

bill or placard containinj^f any threat or promisp, notice, or information,
that in case any particular ticket or political party, or organization, or
candidate, shall be elected, work in his place or establishment will cease,
in whole or in part, or shall be continued or increased, or his place or
establishment be closed up, or the salaries or wages of his workmen or
employees be reduced or increased, or other threats, or promises, express
or implied, intended or calculated to influence the political opinions or
actions of his workmen or employees. This section shall apply to corpo-
rations as well as individuals, and any person violating the provisions of
this section is guilty of a misdemeanor, and shall be punished by a fine
of not less than twenty-five dollars nor more than five hundred dollars,
and imprisonment not exceeding six months in the county jail, and any
corporation violating this section shall be punished by fine not to exceed
five thousand dollars, or forfeit its charter, or both such fine and forfeiture.

History: En. Sec. 109, Pen. C. 1895;
re-en. Sec. 8173, Rev. C. 1907; re-en. Sec.

10770, R. C. M. 1921.

94-1425. (10771) Fines paid into school fund. All fines imposed and

collected under the preceding sections shall be paid into the county treasury

for the benefit of the common schools of the county in which the offense was

committed.

History: En. Sec. 110, Pen. C. 1895;
re-en. Sec. 8174, Rev. C. 1907; re-en. Sec.

10771, R. C. M. 1921.

94-1426. (10772) Violation of act voids election. If it be proved before

any court for the trial of election contests or petition^ that any corrupt

practice has been committed, by or with the actual knowledge^ and consent

of any candidate at an election, if he has been elected, such election shall be

void, and shall be so adjudged.

History: En. Sec. Ill, Pen. C. 1895; NOTE.— The corrupt practices referred

re-en. Sec. 8175, Rev. C. 1907; re-en. Sec. to in this section were those specified in

10772, R. C. M. 1921. sections 8169 and 8173 of the Revised

Codes of 1907 (sections 94-1423 and 94-
1424).

94-1427. (10773) Expenditure by or for candidate for office. No sums
of money shall be paid, and no expenses authorized or incurred, by or on
behalf of any candidate to be paid by him, except such as he may pay to the
state for printing, as herein provided, in his campaign for nomination to
any public office or position in this state, in excess of fifteen per cent of
one year's compensation or salary of the office for which he is a candidate;
provided, that no candidate shall be restricted to less than one hundred
dollars in his campaign for such nomination. No sums of money shall be
paid, and no expenses authorized or incurred, contrary to the provisions
of this act, for or on behalf of any candidate for nomination. For the
purposes of this law, the contribution, expenditure, or liability of a descend-
ant, ascendant, brother, sister, uncle, aunt, nephew, niece, wife, partner,
employer, employee, or fellow official or fellow employee of a corporation
shall be deemed to be that of the candidate himself.

History: En. Sec. 1, Init. Act, Nov.
1912; re-en. Sec. 10773, R. C. M. 1921.

387

94-1428 ELECTION LAWS

94-1428. (10774) Limitation of expenditures by candidate — ^by party
organizations — by relatives. No sums of money shall be paid and no ex-
penses authorized or incurred by or on behalf of any candidate who has
received the nomination to any public office or position in this state, except
such as he may contribute towards payment for his political party's or inde-
pendent statement in the pamphlet herein provided for, to be paid by him
in his campaign for election, in excess of ten per cent of one year's salary
or compensation of the office for which he is nominated; provided, that
no candidate shall be restricted to less than one hundred dollars. No sum
of money shall be paid and no expenses authorized or incurred by or on
behalf of any political party or organization to promote the success of
the principles or candidates of such party or organization, contrary to
the provisions of this act. For the purposes of this act, the contribution,
expenditure, or liability of a descendant, ascendant, brother, sister, uncle,
aunt, nephew, niece, wife, partner, employer, employee, or fellow official
or fellow employee of a corporation, shall be deemed to be that of the

candidate himself.

History: En. Sec. 8, Init. Act, Nov.
1912; re-en. Sec. 10774, E. C. M. 1921.

94-1429. (10775) Definition of terms. Terms used in this act shall be
construed as follows, unless other meaning is clearly apparent from the
language or context, or unless such construction is inconsistent with the
manifest intent of the law :

"Persons" shall apply to any individual, male or female, and, where
consistent with collective capacity, to any committee, firm, partnership,
club, organization, association, corporation, or other combination of indi-
viduals.

"Candidate" shall apply to any person whose name is printed on an
official ballot for public office, or whose name is expected to be or has been
presented for public office, v/ith his consent, for nomination or election.

"Political agent" shall apply to any person who, upon request or under
agreement, receives or disburses money in behalf of a candidate.

"Political committee" shall apply to every combination of two or more
persons who shall aid or promote the success or defeat of a candidate, or a
political party or principle, and the provisions of law relating thereto shall
apply to any firm or partnership, to any corporation, and to any club,
organization, association, or other combination of persons, whether incor-
porated or not, with similar purposes, whether primary or incidental.

"Public office" shall apply to any national, state, county, or city office
to which a salary attaches and which is filled by the voters, as well as to
the office of presidential elector, United States senator, or presiding officer
of either branch of the legislature.

"Give," "provide," "expand," "contribute," "receive," "ask," "solicit,"
and like terms, with their corresponding nouns, shall apply to money, its
equivalent, or any other valuable thing; shall include the promise, advance
deposit, borrowing, or loan thereof, and shall cover all or any part of a
transaction, whether it be made directly or indirectly.

388

CRIMES AND CRIMINAL PROCEDURE 94-1431

None of the provisions of this act shall be construed as relating to the
rendering of services by speakers, writers, publishers, or others, for which
no compensation is asked or given; nor to prohibit expenditure by com-
mittees of political parties or organizations for public speakers, music,
halls, lights, literature, advertising, office rent, printing, postage, clerk
hire, challengers or watchers at the polls, travelling expenses, telegraphing
or telephoning, or making of poll-lists.

History: En. Sec. 10, Inlt. Act, Nov.
1912; re-en. Sec. 10775, R. C. M. 1921.

94-1430. ( 10776) Statement by candidate as to moneys expended— filing
after election — penalty. Every candidate for nomination or election to pub-
lic office, including candidates for the office of senator of the United States,
shall, within fifteen days after the election at which he was a candidate,
file with the secretary of state if a candidate for senator of the United
States, representative in congress, or for any state or district office in a
district composed of one or more counties, or for members of the legislative
assembly from a district composed of more than one county, but with the
county clerk for legislative districts composed of not more than one
county, and for county and precinct offices, and with the city clerk, auditor,
or recorder of the town or city in which he resides, if he was a candidate
for a town, city, or ward office, an itemized sworn statement setting forth
in detail all the moneys contributed, expended, or promised by him to aid
and promote his nomination or election, or both, as the case may be, and
for the election of his party candidates, and all existing unfulfilled promises
of every character, and all liabilities remaining uncanceled and in force
at the time such statement is made, whether such expenditures, promises,
and liabilities were made or incurred before, during, or after such election.
If no money or other valuable thing was given, paid, expended, contributed,
or promised, and no unfulfilled liabilities were incurred by a candidate
for public office to aid or promote his nomination or election, or the election
of his party candidates, he shall file a statement to that effect within fifteen
days after the election at which he was a candidate. Any candidate who
shall fail to file such a statement shall be fined twenty-five dollars for every
day on which he was in default, unless he shall be excused by the court.
Fifteen days after any such election the secretary of state, or county clerk,
city clerk, auditor, or recorder, as the case may be, shall notify the county
attorney of any failure to file such a statement on the part of any candidate,
and within ten days thereafter such prosecuting officer shall proceed to
prosecute said candidate for such offense.

History: En. Sec. 11, Inlt. Act, Nov.
1912; re-en. Sec. 10776, R. C. M. 1921.

94-1431. (10777) Accounts of expenditures by political committees and
other persons — statement. (1) Every political committee shall have a
treasurer, who is a voter, and shall cause him to keep detailed accounts
of all its roc('!i)ts, jiaymciits, and liabilities. Similar accounts shall be kept
by cvin'v i)er.suii. wlu» in tlie agjiregate receives or expends money or in-
curs liabilities to the amount of more than fifty doUar.s ($50) for political

389

94-1432 ELECTION LAWS

pui'iiosps. and by pvery political agent and candidate. Such accounts shall
cover all transactions in any way affectinj; di- connected \vitli the political
canvass, canipaij,'!!, iioniijiatioii, or election concerned.

(2) Every person receiving or expending money or incurring liability
by authority or in behalf of or to promote the success or defeat of such
committee, agent, candidate, or other person or political party or organi-
zation, shall, on demand, and in any event within fourteen (14) days after
such receipt, expenditure, or incurrence of liability, give such treasurer,
agent, candidate, or other person on whose behalf such expense or liability
was incurred a detailed verified account thereof. Every payment shall be
accounted for by a receipted bill stating the particulars of expense. Every
voucher, receipt, and V(>rified account hereby required shall be a part of the
accounts and files of such treasurer, agent, candidate, or other person, and
shall be preserved for six (6) months after the election to which it refers.

(3) Any person not a candidate for any ofifice or nomination who ex-
pends money or value to an amount greater than fifty dollars ($50) in
any campaign for nomination or election, to aid in the election or defeat
of any candidate or candidates, or party ticket, or measure before the
people, shall, within ten (10) days after the election in which said money
or value Avas expended, file with the secretary of state in the case of a
measure voted upon by the people, or of state or district ofifices for dis-
tricts composed of one (1) or more counties, or with the county clerk for
county offices, and with the city clerk, auditor, or recorder for municipal
offices, a verified itemized statement of such receipts and expenditures for
every sum paid in excess of five dollars ($5), and shall at the same time
deliver to the candidate or treasurer of the political organization whose
success or defeat he has sought to promote, a duplicate of such statement
and a copy of such receipts.

(4) The books of account of every treasurer of any political party, com-
mittee, or organization, during an election campaign, shall be open at all
reasonable office hours to the inspection of the treasurer and chairman of
any opposing political party or organization for the same electoral dis-
trict ; and his right of inspection may be enforced by Avrit of mandamus
by any court of competent jurisdiction.

History: En. Sec. 12, Init. Act, Nov.
1912; re-en. Sec. 10777, R. C. M. 1921;
amd. Sec. 1, Ch. 41, L. 1969.

94-1432. (10778) Copies of act to be furnished certain public officers
and candidates. The secretary of state shall, at the expense of the state,
furnish to the county clerk, and to the city and town clerks, auditors, and
recorders, copies of this act as a part of the election laws. In the filing of a
nomination petition or certificate of nomination, the secretary of state, in
the case of state and district offices for districts composed of one or more
counties, and county clerks for county ofifices, and the city and town
clerks, auditors, or recorders for municipal offices, shall transmit to the
several candidates, and to the treasurers of political committees, and to
political agents, as far as they may be known to such oflficer, copies of

390

CRIMES AND CRIMINAL PROCEDURE 94-1434

this act, and also to any other person required to file a statement snch
copies shall be furnished upon application therefor. Upon his own infor-
mation, or at the written request of any voter, said secretary of state
shall transmit to any other person believed by him or averred to be a
candidate, or who may otherwise be required to make a statement, a copy

of this act.

History: En. Sec. 13, Init. Act, Nov.
1912; re-en. Sec. 10778, R. C. M. 1921.

94-1433. (10779) Inspection of accounts — complaints — statement of
receipts. The several officers with whom statements are required to be filed
shall inspect all statements of accounts and expenses relating to nominations
and elections filed with them within ten days after the same are filed;
and if, upon examination of the official ballot, it appears that any person
has failed to file a statement as required by law, or if it appears to any
such officer that the statement filed with him does not conform to law,
or upon complaint in writing by a candidate or by a voter that a statement
filed does not conform to law or to the truth, or that any person has
failed to file a statement which he is by law required to file, said officer
shall forthwith in writing notify the delinquent person. Every such com-
plaint filed by a citizen or candidate shall state in detail the grounds of
objection, shall be sworn to by the complainant, and shall be filed with
the officer within sixty days after the filing of the statement or amended
statement. Upon the written request of a candidate or any voter, filed
within sixteen days after any convention, primary, or nominating election,
said secretary of state, county clerk, city or town clerk, auditor, or re-
corder, as the case may be, shall demand from any specified person or
candidate a statement of all his receipts, and from whom received, dis-
bursements and liabilities in connection with or in any way relating to
the nomination or election concerned, whether it is an office to which a
salary or compensation is attached or not, and said person shall thereupon
be required to file such statement and to comply with all the provisions
relating to statements herein contained. Whoever makes a statement re-
quired by this act shall make oath attached thereto that it is in all respects
correct, complete, and true, to the best of his knowledge and belief, and
said verification shall be in substantially the form herein provided.

History: En. Sec. 14, Inlt. Act, Nov.
1912; re-en. Sec. 10779, R. C. M. 1921.

94-1434. (10780) Prosecutions for failure to file statement. Upon the
failure of any person to file a statement within ten days after receiving no-
tice, under the preceding section, or if any statement filed as above discloses
any violation of any provision of this act relating to corrupt practices in
elections, or in any other provision of the election laws, the secretary of
state, the county clerk, or the city clerk, auditor, or recorder, as the case
may be, shall forthwith notify the county attorney of the county' where
said violation occurred, and shall furnish him with copies of all papers
relating thereto, and said county attorney shall, within sixty days there-
after, examine every such case, and if the evidence seems to him to be

391

94-1435 ELECTION LAWS

sufficient under the provisions of this act, he shall, in the name of the

state, forthwith institute such civil or criminal proceedings as may be

appropriate to the facts.

History: En. Sec. 15, Inlt. Act, Nov.
1912; re-en. Sec. 10780, E. C. M. 1921.

94-1435. (10781) Jurisdiction — court may compel filing of statements.

The district court of the county in which any statement of accounts and ex-
penses relating to nominations and elections should be filed, unless herein
otherwise provided, shall have exclusive original jurisdiction of all violations
of this act, and may compel any person who fails to file such a statement
as required by this act, or who files a statement which does not conform
to the provisions of this act in respect to its truth, sufficiency in detail, or
otherwise, to file a sufficient statement, upon the application of the attorney-
general or of the county attorney, or the petition of a candidate or of any
voter. Such petition shall be filed in the district court within sixty days
after such election if the statement was filed within the fifteen days required,
but such a petition may be filed within thirty days after any payment not
included in the statement so filed.

History: En. Sec. 16, Inlt. Act, Nov.
1912; re-en. Sec. 10781, R. C. M. 1921.

94-1436. (10782) Record of statements — copies. All statements shall

be preserved for six months after the election to which they relate, and shall

be public records subject to public inspection, and it shall be the duty of the

officers having custody of the same to give certified copies thereof in like

manner as of other public records.

History: En. Sec. 17, Inlt. Act, Nov.
1912; re-en. Sec. 10782, R. C. M. 1921;
amd. Sec. 1, Ch. 41, L. 1943.

94-1437. (10783) Payments in name of undisclosed principal. No per-
son shall make a payment of his own money or of another person's money to
any other person in connection with a nomination or election in any other
name than that of the person who in truth supplies such money; nor shall
any person knowingly receive such payment, or enter, or cause the same to
be entered, in his accounts or records in another name than that of the per-
son by whom it was actually furnished; provided, if the money be received
from the treasurer of any political organization, it shall be sufficient to
enter the same as received from said treasurer.

History: En. Sec. 18, Inlt. Act, Nov.
1912; re-en. Sec. 10783, R. C. M. 1921.

94-1438. (10784) Promise to procure appointment or election. No per-
son .shall, in order to aid or promote his nomination or election, directly or
indirectly, himself or through any other person, promise to appoint another
person, or promise to secure or aid in securing the appointment, nomination,
or election of another person to any public or private position or employ-
ment, or to any position of honor, trust, or emolument, except that he may
publicly announce or define what is his choice or purpose in relation to any

392

CRIMES AND CRIMINAL PROCEDURE 94-1443

election in wliich ho may be called to take part, if elected, and if he

is n candidate for nomination or election as a member of the legislative

assembly, he may pledge himself to vote for the people's choice for United

States senator, or state what his action will be on such vote.

History: En. Sec. 19, Inlt. Act, Nov.
1912; re-en. Sec. 10784, R. C. M. 1921.

94-1439. (10785) Public oflBcer or employee not to contribute funds.

No holder of a public position or office, other than an office filled by the

voters, shall pay or contribute to aid or promote the nomination or election

of any other person to public office. No person shall invite, demand, or

accept payment or contribution from such holder of a public position or

office for campaign purposes.

History: En. Sec. 20, Init. Act, Nov.
1912; re-en. Sec. 10785, R. C. M. 1921.

94-1440. (10786) Certain public oflBcers prohibited from acting as dele-
gates or members of political committee. No holder of a public position,
other than an office filled by the voters, shall be a delegate to a convention
for the election district that elects the officer or board under whom he di-
rectly or indirectly holds such position, nor shall he be a member of a politi-
cal committee for such district.

History: En. Sec. 21, Init. Act, Nov.
1912; re-en. Sec. 10786, R. C. M. 1921.

94-1441. (10787) Transfer of convention credential. No person shall

invite, offer, or effect the transfer of any convention credential in return for

any payment of money or other valuable thing.

History: En. Sec. 22, Init. Act, Nov.
1912; re-€n. Sec. 10787, R. C. M. 1921.

94-1442. (10788) Inducing person to be or not to be candidate. No

person shall pay, or promise to reward another, in any manner or form, for
the purpose of inducing him to be or refrain from or cease being a candi-
date, and no person shall solicit any payment, promise, or reward from
another for such purpose.

History: En. Sec. 23, Inlt. Act, Nov.
1912; re-en. Sec. 10788, R. C. M. 1921.

94-1443. (10789) What demands or requests shall not be made of candi-
dates. No person shall demand, solicit, ask, or invite any payment or contri-
bution for any religious, political, charitable, or other cause or organization
supposed to be primarily or principally for the public good, from a person
who seeks to be or has been nominated or elected to any office; and no
such candidate or elected person shall make any such payment or contri-
bution if it shall be demanded or asked during the time he is a candidate
for nomination or election to or an incumbent of any office. No payment
or contribution for any purpose shall be made a condition precedent to
the putting of a name on any caucus or convention ballot or nomination
paper or petition, or to the performance of any duty imposed by law on
a political committee. No person shall demand, solicit, ask, or invite any
candidate to subscribe to the support of any club or organization, to buy

393

94-1444 ELECTION LAWS

tickets to any entertainment or ball, or to subscribe for or pay for space
in any book, program, periodical, or other publication; if any candidate
shall make any such payment or contribution with apparent hope or intent
to influence the result of the election, he shall be guilty of a corrupt
practice ; but this section shall not apply to the soliciting of any business
advertisement for insertion in a periodical in which such candidate was
regularly advertising prior to his candidacy, nor to ordinary business ad-
vertising, nor to his regular payment to any organization, religious, char-
itable, or otherwise, of which he may have been a member, or to which
he may have been a contributor, for more than six months before his can-
didacy, nor to ordinary contributions at church services.

History: En. Sec. 24, Inlt. Act, Nov.
1912; re-€n. Sec. 10789, R. C. M. 1921.

94-1444. (10790) Contributions from corporations, public utilities and
others. No corporation, and no person, trustee, or trustees owning or hold-
ing the majority of the stock of a corporation carrying on the business of a
bank, savings bank, co-operative bank, trust, trustee, surety, indemnity, safe
deposit, insurance, railroad, street-railway, telegraph, telephone, gas. elec-
tric light, heat, power, canal, aqueduct, water, cemetery, or crematory
company, or any company having the right to take or condemn land, or
to exercise franchises in public ways granted by the state or by any county,
city, or town, shall pay or contribute in order to aid, promote, or prevent
the nomination or election of any person, or in order to aid or promote
the interests, success, or defeat of any political party or organization. No
person shall solicit or receive such payment or contribution from such
corporation or such holders of a majority of such stock.

History: En. Sec. 25, Init. Act, Nov.
1912; re-en. Sec. 10790, E. 0. M. 1921.

94-1445. (10791) Treating. Any person or candidate who shall, either
by himself or by any other person, either before or after an election, or while
such person or candidate is seeking a nomination or election, directly or
indirectly, give or provide, or pay, wholly or in part, the expenses of giving
or providing any meat or drink, or other entertainment or provision, cloth-
ing, liquors, cigars, or tobacco, to or for any person for the purpose of or
with intent or hope to influence that person, or any other person, to give

or refrain from giving his vote at such election to or for any candidate

or political party ticket, or measure before the people, or on account of

such persons, or any other person, having voted or refrained from voting

for any candidate or the candidates of any political party or organization

or measure before the people, or being about to vote or refrain from

voting at such election, shall be guilty of treating. Every elector who

accepts or takes any such meat, drink, entertainment, provision, clothing,

liquors, cigars, or tobacco, shall also be guilty of treating; and such

acceptance shall be a ground of challenge to his vote and of rejecting his

vote on a contest.

History: En. Sec. 26, Inlt. Act, Nov.
1912; re-en. Sec. 10791, R. C. M. 1921.

394

CRIMES AND CRIMINAL PROCEDURE 94-1448

94-1446. (10792) Challenging voters — procedure. Whenever any per-
son's rij^ht to vote shall be challenged, and he has taken the oath prescribed
by the statutes, and if it is at a nominating election, then it shall be the duty
of the clerks of election to write in the poll-books at the end of such person's
name the words "challenged and sworn," with the name of the challenger.
Thereupon tlie chairman of the board of judges shall write upon the back
of the ballot offered by such challenged voter the number of his ballot, in
order that the same may be identified in any future contest of the results
of the election, and be cast out if it shall appear to the court to have been
for any reason wrongfully or illegally voted for any candidate or on any
question. And such marking of the name of such challenged voter, nor
the testimony of any judge or clerk of election in reference thereto, or in
reference to the manner in which said challenged person voted, if said
testimony shall be given in the course of any contest, investigation, or
trial wherein the legality of the vote of such person is questioned for any
reason, shall not be deemed a violation of section 94-1407.

History: En. Sec. 27, Init. Act, Nov.
1912; re-en. Sec. 10792, R. C. M. 1921.

94-1447. (10793) Coercion or undue influence of voters. Every person
who shall, directly or indirectly, by himself or any other person in his be-
half, make use of or threaten to make use of any force, coercion, violence,
restraint, or undue influence, or inflict or threaten to inflict, by himself or
any other person, any temporal or spiritual injury, damage, harm, or loss
upon or against any person in order to induce or compel such person to vote
or refrain from voting for any candidate, or the ticket of any political party,
or any measure before the people, or any person who, being a minister,
preacher, or priest, or any officer of any church, religious or other corpo-
ration or organization, otherwise than by public speech or print, shall urge,
persuade, or command any voter to vote or refrain from voting for or
against any candidate or political party ticket or measure submitted to
the people, for or on account of his religious duty, or the interest of any
corporation, church, or other organization, or who shall, by abduction,
duress, or any fraudulent contrivance, impede or prevent the free exercise
of the franchise by any voter at any election, or shall thereby compel,
induce, or prevail upon any elector to give or to refrain from giving his

vote at any election, shall be guilty of undue influence, and shall be punished

as for a corrupt practice.

History: En. Sec. 28, Init. Act, Nov.
1912; re-en. Sec. 10793, R. C. M. 1921.

94-1448. (10794) Bets or wagers on election results. Any candidate
who, before or during any election campaign, makes any bet or wager of
anything of pecuniary value, or in any manner becomes a party to any such
bet or wager on the result of the election in his electoral district, or in any
part thereof, or on any event or contingency relating to any pending elec-
tion, or who provides money or other valuables to be used by any person in
betting or wagering upon the results of any impending election, shall be
guilty of a corrupt practice. Any person who, for the purpose of influencing

395

94-1449 ELECTION LAWS

the result of any election, makes any bet or wager of anything of pecuniary

value on the result of such election in his electoral district, or any part

thereof, or of any pending election, or on any event or contingency relating

thereto, shall be guilty of a corrupt practice, and in addition thereto any

such act shall be ground of challenge against his right to vote.

History: En. Sec. 29, Inlt. Act, Nov.
1912; re-en. Sec. 10794, R. C. M. 1921.

94-1449. (10795) Personating another elector — penalty. Any person

shall be deemed guilty of the offense of personation who, at any election,

applies for a ballot in the name of some other person, whether it be that of a

person living or dead, or of a fictitious person, or who, having voted once at

an election, applies at the same election for a ballot in his own name ; and

on conviction thereof such person shall be punished by imprisonment in

the penitentiary at hard labor for not less than one nor more than three

years.

History; En. Sec. 30, Init. Act, Nov.
1912: re-en. Sec. 10795, B. C. M. 1921.

94-1450. (10796) Corrupt practice, what constitutes. Any person shall
be guilty of a corrupt practice, within the meaning of this act, if he expends
any money for election purposes contrary to the provisions of any statute of
this state, or if he is guilty of treating, undue influence, personation, the
giving or promising to give, or offer of any money or valuable thing to
any elector, with intent to induce such elector to vote for or to refrain
from voting for any candidate for public office, or the ticket of any political
party or organization, or any measure submitted to the people, at any elec-
tion, or to register or refrain from registering as a voter at any state, dis-
trict, county, city, town, village, or school district election for public offices
or on public measures. Such corrupt practice shall be deemed to be prev-
alent when instances thereof occur in different election districts similar in
character and sufficient in number to convince the court before which any
case involving the same may be tried that they were general and common,
or were pursuant to a general scheme or plan.

History: En. Sec. 31, Init. Act, Nov.
1912; re-en. Sec. 10796, E. C. M. 1921.

94-1451. (10797) Compensating voter for loss of time — badges and in-
signia. It shall be unlawful for any person to pay another for any loss or
damage due to attendance at the polls, or in registering, or for the expense
of transportation to or from the polls. No person shall pay for personal
service to be performed on the day of a caucus, primary, convention, or
any election, for any purpose connected therewith, tending in any way,
directly or indirectly, to affect the result thereof, except for the hiring of
persons whose sole duty is to act as challengers and watch the count of
official ballots. No person shall buy, sell, give, or provide any political
badge, button, or other insignia to be worn at or about the polls on the

396

CRIMES AND CRIMINAL PROCEDURE 94-1454

day of any election, and no such political badge, button, or other insignia

shall be worn at or about the polls on any election day.

History: En. Sec. 32, Inlt. Act, Nov.
1912; re-en. Sec. 10797, R. C. M. 1921.

94-1452. (10798) Publications in newspapers and periodicals. No pub-
lisher of a newspaper or other periodical shall insert, either in its advertis-
ing or reading columns, any paid matter which is designed or tends to aid,
injure, or defeat any candidate or any political party or organization, or
measure before the people, unless it is stated therein that it is a paid adver-
tisement, the name of the chairman or secretary, or the names of the other
oflBcers of the political or other organization inserting the same, or the name
of some voter who is responsible therefor, with his residence and the street
number thereof, if any, appear in such advertisement in the nature of a
signature. No person shall pay the owner, editor, publisher, or agent of
any newspaper or other periodical to induce him to editorially advocate or
oppose any candidate for nomination or election, and no such owner, editor,
publisher, or agent shall accept such payment. Any person who shall violate
any of the provisions of this section shall be punished as for a corrupt
practice.

History: En. Sec. 33, Init. Act, Nov.
1912; re-en- Sec. 10798, E. C. M. 1921.

94-1453. (10799) Solicitation of votes on election day. It shall be un-
lawful for any person at any place on the day of any election to ask, solicit,
or in any manner try to induce or persuade any voter on such election day
to vote for or refrain from voting for any candidate, or the candidates or
ticket of any political party or organization, or any measure submitted
to the people, and upon conviction thereof he shall be punished by fine of
not less than five dollars nor more than one hundred dollars for the first
offense, and for the second and each subsequent offense occurring on the
same or different election days, he shall be punished by fine as aforesaid,
or by imprisonment in the county jail for not less than five nor more than
thirty days, or by both such fine and imprisonment.

History: En. Sec. 3i, Init. Act, Nov.
1912; re-en. Sec. 10799, R. C. M. 1921.

94-1454. (10800) Political criminal libel. It shall be unlawful to write,
print, or circulate through the mails or otherwise any letter, circular, bill,
placard, or poster relating to any election or to any candidate at any elec-
tion, unless the same shall bear on its face the name and address of the au-
thor, and of the printer and publisher thereof; and any person writing,
printing, publishing, circulating, posting, or causing to be written, printed,
circulated, posted, or published any such letter, bill, placard, circular, or
poster as aforesaid, which fails to bear on its face the name and address of
the author and of the printer or publisher, shall be guilty of an illegal
practice, and shall on conviction thereof be punished by a fine of not less
than ten dollars nor more than one thousand dollars. If any letter, circular,
poster, bill, publication, or placard shall contain any false statement or
charges reflecting on any candidate's character, morality, or integrity, the

397

94-1455 ELECTION LAWS

author thereof, and every person printing or knowingly assisting in the
circulation, shall be guilty of political criminal libel, and upon conviction
thereof shall be punished by imprisonment in the penitentiary for not less
than one nor more than three years. If the person charged with such
crime shall prove on his trial that he had reasonable ground to believe
such charge was true, and did believe it was true, and that he was not
actuated by malice in making sucli publication, it shall be a sufficient
defense to such charge. But in that event, and as a part of such defense,
the author and the printer or publisher or other person charged with
such crime shall also prove that, at least fifteen days before such letter,
circular, poster, bill, or placard containing such false statement or state-
ments was printed or circulated, he or they caused to be served personally
and in person upon the candidate to whom it relates a copy thereof in
writing, and calling his attention particularly to the charges contained
therein, and that, before printing, publishing, or circulating such charges,
he received and read any denial, defense, or explanation, if any, made or
offered to him in writing by the accused candidate within ten days after
the service of such charge upon the accused person.

Histoiy: En. Sec. 35, Init. Act, Nov. Compiler's Note

1912; re-en. Sec. 10800, R. C. M. 1921. rpu- ,.• , .. ,, , ■,

, .p . «^v< ut. V, XV. V. ix. x^^o. rpjjjg section may be partially superseded

by sec. 94-1475.

94-1455. (10801) Filing of statement of expenses by candidate. The

name of a candidate chosen at a primary nominating election, or otherwise,
shall not be printed on the official ballot for the ensuing election, unless there
has been filed by or on behalf of said candidate the statements of accounts
and expenses relating to nominations required by this act, as well as a
statement by his political agent and by his political committee or com-
mittees in his behalf, if his statement discloses the existence of such agent,
committee, or committees. The officer or board entrusted by law with the
preparation of the official ballots for any election shall, as far as prac-
ticable, warn candidates of the danger of the omission of their names by
reason of this provision, but delay in making any such statement beyond
the time prescribed shall not preclude its acceptance or prevent the in-
sertion of the name on the ballot, if there is reasonable time therefor after
the receipt of such statements. Any such vacancy on the ballot shall be
filled by the proper committee of his political party in the manner author-
ized by law, but not by the use of the name of the candidate who failed
to file such statements. No person shall receive a certificate of election
until he shall have filed the statements required by this act.

History: En, Sec. 36, Init. Act, Nov.
1912; re-en. Sec. 10801, R. C. M. 1921.

94-1456. (10802) Inducement to accept or decline nomination. It shall
be unlawful for any person to accept, receive, or pay money or any valuable
consideration for becoming or for refraining from becoming a candidate
for nomination or election, or by himself or in combination with any other
person or persons to become a candidate for the purpose of defeating the

398

CRIMES AND CRIMINAL PROCEDURE 94-1458

nomination or election of any other person, and not with a bona fide intent
to obtain the office. Upon complaint made to any district court, if the
judge shall be convinced that any person has sought the nomination, or
seeks to have his name presented to the voters as a candidate for nomi-
nation by any political party, for any mercenary or venal consideration
or motive, and that his candidacy for the nomination is not in good faith,
the judge shall forthwith issue his writ of injunction restraining the officer
or officers whose duty it is to prepare the official ballots for such nomi-
nating election from placing the name of such person thereon as a can-
didate for nomination to any office. In addition thereto, the court shall
direct the county attorney to institute criminal proceedings against such
person or persons for corrupt practice, and upon conviction thereof he
and any person or persons combining with him shall be punished by a fine
of not more than one thousand dollars, or imprisonment in the county jail
for not more than one year.

History: En. Sec. 37, Inlt. Act, Nov.
1912; re-en. Sec. 10802, R. C. M. 1921.

94-1457. (10803) Forfeiture of nomination or office for violation of law,
when not worked. Where, upon the trial of any action or proceeding under
the provisions of this act for the contest of the right of any person declared
nominated or elected to any office, or to annul or set aside such nomi-
nation or election, or to remove a person from his office, it appears from
the evideftce that the offense complained of was not committed by the
candidate, or with his knowledge or consent, or was committed without
his sanction or connivance, and that all reasonable means for preventing
the commission of such offense at such election were taken by and on
behalf of the candidate, or that the offense or offenses complained of were
trivial, unimportant, and limited in character, and that in all other respects
his participation in the election was free from such offenses or illegal acts,
or that any act or omission of the candidate arose from inadvertence or
from accidental miscalculation, or from some other reasonable cause of a
like nature, and in any case did not arise from any want of good faith,
and under the circumstances it seems to the court to be unjust that the
said candidate shall forfeit his nomination or office, or be deprived of any
office of which he is the incumbent, then the nomination or election of
such candidate shall not by reason of such offense or omission complained
of be void, nor shall the candidate be removed from or deprived of his
office.

History: En. Sec. 38, Inlt. Act, Nov.
1912; re-en. Sec. 10803, E. C. M. 1921.

94-1458. (10804) Punishment for violation of act. If, upon the trial of
any action or proceeding under the provisions of this act, for the contesting
of the right of any person declared to be nominated to an office, or elected
to an office, or to annul and set aside such election, or to remove any
person from his office, it shall appear that such person was guilty of any
corrupt practice, illegal act, or undue influence, in or about such nomi*

399

94-1459 ELECTION LAWS

nation or election, he shall be punished by being deprived of the nomi-
nation or ofiBce, as the ease may be, and the vacancy therein shall be filled
in the manner provided by law. The only exception to this judgment shall
be that provided in the preceding section of this act. Such judgment shall
not prevent the candidate or ofiBcer from being proceeded against by in-
dictment or criminal information for any such act or acts.

History: En. Sec. 39, Inlt. Act, Nov.
1912; re-en. Sec. 10804, B. C. M. 1921.

94-1459. (10805) Time for commencing contest. Any action to contest
the right of any person declared elected to an office, or to annul and set
aside such election, or to remove from or deprive any person of an office of
which he is the incumbent, for any offense mentioned in this act, must, un-
less a different time be stated, be commenced within forty days after the
return day of the election at which such offense was committed, unless the
ground of the action or proceeding is for the illegal payment of money
or other valuable thing subsequent to the filing of the statements prescribed
by this act, in which case the action or proceeding may be commenced
within forty days after the discovery by the complainant of such illegal
payment. A contest of the nomination or office of governor or representa-
tive or senator in congress must be commenced within twenty days after
the declaration of the result of the election, but this shall not be construed
to apply to any contest before the legislative assembly.

History: En. Sec. 40, Inlt. Act, Nov.
1912; re-em. Sec. 10805, R. C. M. 1921.

94-1460. (10806) Court having jurisdiction of proceedings. An appli-
cation for filing a statement, payment of a claim, or correction of an error or
false recital in a statement filed, or an action or proceeding to annul and set
aside the election of any person declared elected to an office, or to remove
or deprive any person of his office for an offense mentioned in this act, or
any petition to excuse any person or candidate in accordance with the power
of the court to excuse as provided in section 94-1457, must be made or filed
in the district court of the county in which the certificate of his nomination
as a candidate for the office to which he is declared nominated or elected is
filed, or in which the incumbent resides.

History: En. Sec. 41, Inlt. Act, Nov.
1912; re-en. Sec. 10806, E. C. M. 1921.

94-1461. (10807) Repealed— Chapter 50, Laws of 1947.

94-1462. (10808) Duty of county attorney on violation of act — penalty
for neglect or refusal to act. If any county attorney shall be notified by
any officer or other person of any violation of any of the provisions of this
act within his jurisdiction, it shall be his duty forthwith to diligently inquire
into the facts of such violation, and if there is reasonable ground for
instituting a prosecution, it shall be the duty of such county attorney to
file a complaint or information in writing, before a court of competent

400

CRIMES AND CRIMINAL PROCEDURE 94-1466

jurisdiction, charging the accused person with such offense ; if any county
attorney shall fail or refuse to faithfully perform any duty imposed upon
him by this act, he shall be deemed guilty of a misdemeanor, and upon
conviction thereof shall forfeit his office. It shall be the duty of the
county attorney, under penalty of forfeiture of his office, to prosecute any
and all persons guilty of any violation of the provisions of this act, the
penalty of which is fine or imprisonment, or both, or removal from office.

History: En, Sec. 43, Inlt. Act, Nov.
1912; re-en. Sec. 10808, S. C. M. 1921.

94-1463. (10809) Declaration of result of election after rejection of
illegul votes. If, in any case of a contest on the ground of illegal votes, it
appears that another person than the one returned has the highest number of
legal votes, after the illegal votes have been eliminated, the court must
declare such person nominated or elected, as the case may be.

History: En. Sec. 44, Inlt. Act, Nov.
1912; re-en. Sec. 10809, S. 0. M. 1921.

94-1464. (10810) Grounds for contest of nomination or oflSce. Any elec-
tor of the state, or of any political or municipal division thereof, may con-
test the right of any person to any nomination or office for which such elec-
tor has the right to vote, for any of the following causes :

1. On the ground of deliberate, serious, and material violation of any
of the provisions of this act, or of any other provision of the law relating
to nominations or elections.

2. When the person whose right was contested was not, at the time of
the election, eligible to such office.

3. On account of illegal votes or an erroneous or fraudulent count or

canvass of votes.

History: En. Sec. 45, Init. Act, Nov.
1912; re-en. Sec. 10810, E. C. M. 1921.

94-1465. (10811) Nomination or election not to be vacated, when.

Nothing in the third ground of contest specified in the preceding section is
to be so construed as to authorize a nomination or election to be set aside on
account of illegal votes, unless it appear, either that the candidate or
nominee whose right is contested had knowledge of or connived at such
illegal votes, or that the number of illegal votes given to the person whose
right to the nomination or office is contested, if taken from him, would
reduce the number of his legal votes below the number of votes given to
some other person for the same nomination or office, after deducting
therefrom the illegal votes which may be shown to have been given to such
other person.

History: En. Sec. 46, Init. Act, Nov.
1912; re-en. Sec. 10811, R. C. M. 1921.

94-1466. (10812) Reception of illegal votes, allegations and evidence.

When the reception of illegal votes is alleged as a cause of contest, it shall be
sufficient to state generally that in one or more specified voting precincts

401

94-1467 ELECTION LAWS

illegal votes were given to the person whose nomination or election is
contested, which, if taken from him, will reduce the number of his legal
votes below the number of legal votes given to some other person for the
same office; but no testimony shall be received of any illegal votes, unless
the party contesting such election deliver to the opposite party, at least
three days before such trial, a written list of the number of illegal votes,
and by whom given, which he intends to prove on such trial. This provi-
sion shall not prevent the contestant from offering evidence of illegal
votes not included in such statement, if he did not know and by reasonable
diligence was unable to learn of such additional illegal votes, and by whom
they were given, before delivering such written list.

History: En. Sec. 47, Init. Act, Nov.
1912; re-en. Sec. 10812, R. C. M. 1921.

94-1467. (10813) Contents of contest petition — amendment — bond —
costs — citation — precedence. Any petition contesting the right of any per-
son to a nomination or election shall set forth the name of every person
whose election is contested, and the grounds of the contest, and shall not
thereafter be amended, except by leave of the court. Before any proceed-
ing thereon the petitioner shall give bond to the state in such sum as the
court may order, not exceeding two thousand dollars, with not less than
two sureties, who shall justify in the manner required of sureties on bail-
bonds, conditioned to pay all costs, disbursements, and attorney's fees
that may be awarded against him if he shall not prevail. If the petitioner
prevails, he may recover his costs, disbursements, and reasonable attorney's
fees against the contestee. But costs, disbursements, and attorney's fees,
in all such cases, shall be in the discretion of the court, and in case judg-
ment is rendered against the petitioner, it shall also be rendered against
the sureties on the bond. On the filing of any such petition, the clerk
shall immediately notify the judge of the court, and issue a citation to
the person whose nomination or office is contested, citing them to appear
and answer, not less than three nor more than seven days after the date
of filing the petition, and the court shall hear said cause, and every such
contest shall take precedence over all other business on the court docket,
and shall be tried and disposed of with all convenient despatch. The court
shall always be deemed in session for the trial of such cases.

History: En. Sec. 48, Init. Act, Nov.
1912; re-en. Sec. 10813, R. C. M. 1921.

94-1468. (10814) Hearing of contest. The petitioner (contestant) and
the contestee may ai)pear and protiuce evidence at tiie hearing, but no per-
son, other than the petitioner and contestee, shall be made a party to the
proceedings on sudi petition; and no person, other than said parties and
their attorneys, shall be heard thereon, except by order of the court. If
more than one petition is pending, or the election of more than one person is
contested, the court may, in its discretion, order the cases to be heard
together, and may apportion the costs, disbursements, and attorney's fees
between them, and shall finally determine all questions of law and fact,
save only that the judge may, in his discretion, impanel a jury to decide

402

CRIMES AND CRIMINAL PROCEDURE 94-1471

on questions of fact. In the case of other nominations or elections, the court
shall forthwith certify its decision to the board or official issuing certificates
of nomination or election, which board or official shall thereupon issue
certificates of nomination or election to the person or persons entitled thereto
by such decision. If judgment of ouster against a defendant shall be
rendered, said judgment shall award the nomination or office to the person
receiving next the highest number of votes, unless it shall be further de-
termined in the action, upon appropriate pleading and proof by the de-
fendant, that some act has been done or committed which would have been
ground in a similar action against such person, had he received the highest
number of votes for such nomination or office, for a judgment of ouster
against him; and if it shall be so determined at the trial, the nomination or
office shall be by the judgment declared vacant, and shall thereupon be
filled by a new election, or by appointment, as may be provided by law re-
garding vacancies in such nomination or office.

History: En. Sec. 49, Init. Act, Nov.
1912; re-en. Sec. 10814, R. C. M. 1921.

94-1469. (10815) Corporations — proceedings against, for violation of
act. In like manner as prescribed for the contesting of an election, any
corporation organized under the laws of or doing business in the state of
Montana may be brought into court on the ground of deliberate, serious, and
material violation of the provisions of this act. The petition shall be filed in
the district court in the county where said corporation has its principal of-
fice, or where the violation of law is averred to have been committed. The
court, upon conviction of such corporation, may impose a fine of not more
than ten thousand dollars, or may declare a forfeiture of the charter and
franchises of the corporation, if organized under the laws of this state, or
if it be a foreign corporation, may enjoin said corporation from further
transacting business in this state, or by both such fine and forfeiture, or
by both such fine and injunction.

History: En. Sec. 50, Init. Act, Nov.
1912; re-en. Sec. 10815, R. C. M. 1921.

94-1470. (10816) Penalty for violations not otherwise provided for.
Whoever violates any provision of this act, the punishment for which is not
specially provided by law, shall on conviction thereof be punished by im-
prisonment in the county jail for not more than one year, or by a fine of not
more than five thousand dollars, or by both such fine and imprisonment.

History: En. Sec. 51, Init. Act, Nov.
1912; re-en. Sec. 10816, R. C. M. 1921.

94-1471. (10817) Advancement of cases — dismissal, when — privileges of
witnesses. Proceedings under this act shall be advanced on the docket upon
request of either party for speedy trial, but the court may postpone or con-
tinue such trial if the ends of justice may be thereby more ctfectually se-
cured, and in case of such continuance or postponement, the court may im-
pose costs in its discretion as a condition thereof. No petition shall be dis-

403

94-1472 ELECTION LAWS

missed witliout the consent of the county attorney, unless tlie same shall be
dismissed by the court. No person shall be excused from tcstifyinp;- or pro-
ducing papers or documents on the ground that his testimony or the pro-
duction of papers or documents will tend to criminate him ; but no ad-
mission, evidence, or paper made or advanced or produced by such person
shall be offered or used against him in any civil or criminal prosecution,
or any evidence that is the direct result of such evidence or information
that he may have so given, except in a prosecution for perjury committed
in such testimony.

History: En. Sec. 52, Inlt. Act, Nov.
1912; re-en. Sec. 10817, B. O. M. 1921.

94-1472. (10818) Form of complaint. A petition or complaint filed
under the provisions of this act shall be sufficient if it is substantially in the
following form :

In the District Court of the

Judicial District,

for the County of , State of Montana.

A B (or A B and C D), Contestants,

vs.
E F, Contestee.

The petition of contestant (or contestants) above named alleges:

That an election was held (in the state, district, county, or city

of ), on the day of , A. D. 19 ,

for the (nomination of a candidate for) (or election of a) (state the office).

That and were candidates at said

election, and the board of canvassers has returned the said

as being duly nominated (or elected) at said election.

That contestant A B voted (or had a right to vote, as the case may
be) at said election (or claims to have had a right to be returned as the
nominee or officer elected or nominated at said election, or was a candidate
at said election, as the case may be), and said contestant C D (here state
in like manner the right of each contestant).

And said contestant (or contestants) further allege (here state the facts
and grounds on which the contestants rely).

Wherefore, your contestants pray that it may be determined by the

court that said was not duly nominated (or elected), and

that said election was void (or that the said A B or C D, as the case may
be) was duly nominated (or elected), and for such other and further relief
as to the court may seem just and legal in the premises.

Said complaint shall be verified by the affidavit of one of the petitioners

in the manner required by law for the verification of complaints in civil

eases.

History: En. Sec. 53, Inlt. Act, Nov.
1912; re-en. Sec. 10818, E. C. M. 1921.

404

CRIMES AND CRIMINAL PROCEDURE 94-1473

94-1473. (10819) Form of statement of expenses. The statement of ex-
penses required from candidates and others by this act shall be in sub-
stantially the following form :
State of Montana, County of , ss.

I, , having been a candidate (or expended money) at the

election for the (state) (district) (county) (city) of , on

the day of , A. D. 19 , being first duly sworn,

on oath do say: That I have carefully examined and read the return of
my election expenses and receipts hereto attached, and to the best of my
knowledge and belief that return is full, correct, and true.

And I further state on oath that, except as appears from this return,
I have not, and to the best of my knowledge and belief, no person, nor
any club, society, or association has on my behalf, whether authorized by
me or not, made any payment, or given, promised, or offered any reward,
oflHee, emploj'ment, or position, public or private, or valuable consideration,
or incurred any liability on account of or in respect of the conduct or
management of the said nomination or election.

And T further state on oath that, except as specified in this return, I
have not paid any money, security, or equivalent for money, nor has any
money or equivalent for money, to my knowledge or belief, been paid,
advanced, given, or deposited by any one to or in the hands of myself or
any other person for my nomination or election, or for the purpose of
paying any expenses incurred on my behalf on account or in respect of
the conduct or management of the said election.

And I further state on oath that I will not, except so far as I may be
permitted by law, at any future time make or be a party to the making
or giving of any payment, reward, office, position, or employment, or
valuable consideration, for the purpose of defraying any such expenses
or obligations as herein mentioned for or on account of my nomination or
election, or provide or be a party to the providing of any money, security,
or equivalent for money for the purpose of defraying any such expense.
(Signature of affiant)

Subscribed and sworn to before me by the above-named ,

on the day of , A. D. 19

Attached to said affidavit shall be a full and complete account of the

receipts, contributions, and expenses of said affiant, and of his supporters

of which he has knowledge, with numbered vouchers for all sums and

payments for which vouchers are required as to all money expended by

affiant. The affidavit and account of the treasurer of any committee or

any political party or organization shall be, as nearly as may be, in the

same form, and so also shall be the affidavit of any person who has received

or expended money in excess of the sum of fifty dollars to aid in securing

the nomination or election or defeat of any candidate, or of any political

party or organization, or of any measure before the people.

History: En. Sec. 54, Init. Act, Nov.
1912; re-en. Sec. 10819, R. C. M. 1921.

405

94-1474 ELECTION LAWS

94-1474. (10820) False oaths or aflldavits — perjury. Any person who

shall knowingly make any false oath or affidavit where an oath or affidavit

is required by this law shall be deemed guilty of perjury and punished

accordingly.

History: En. Sec. 55, Init. Act, Nov.
1912; re-en. Sec. 10820, R. C. M. 1921.

94-1475. Political literature to contain name of officer of orgfanization
or person publishing and producing. It shall be unlawful for any person
to publish, print, mimeograph, type or otherwise produce any dodger, bill,
handbill, pamphlet or other document which is designed to aid, injure or
defeat any candidate or any political party or organization or measure
before the people unless it is stated therein the name of the chairman or
secretary, or the names of the other officers of the political or other organi-
zation publishing, printing, mimeographing, typing or otherwise producing
such dodger, bill, handbill, pamphlet or other document or the name of
some voter who is responsible therefor with his residence and street address,
if any, together with the name of the publisher, printer or the producer
thereof with his residence and street address, if any, or his place of business.
History: En. Sec. 1, Ch. 74, L. 1951.

94-1476. Violation of preceding section a misdemeanor. Any person
who shall violate the provisions of this act shall be guilty of a misdemeanor.
History: En. Sec. 2, Oh. 74, L. 1951.

406

INDEX

References are to Sections of the Montana Codes and Constitution

ABSENTEE VOTING

Application for ballot, time for making, 23-3703

affidavit required, 23-3704

federal post card application, 23-3704, 23-3719

form of application, 23-3704

transmission to registrar, 23-3705
Authorization for voting by absent or physically incapacitated person, 23-3701
Certificate of registrar, city clerk, or school district clerk delivered to election judges,

23-3710
Death of elector before election, ballot does not count, 23-3709
Delivery of ballots to election judges, 23-3709
Deposit of ballots in box, procedure, 23-3713

opening envelopes after deposit, 23-3715
Disposition of marked ballot upon receipt by registrar, city clerk, or clerk of school

district, 23-3708
False swearing deemed perjury, 23-3717
Instructions enclosed with ballots, 23-3706
Marking and swearing to ballot by elector, 23-3707
Official misconduct as misdemeanor, 23-3717
Pollbooks, insertion of names and numbers by judges, 23-3711
Prior voting by prospective absentee or physically incapacitated elector after official

ballots printed, 23-3712
Eecord of ballots kept by registrar, city clerk, or school district clerk, 23-3710
Registration required, 23-3701

card mailed upon application, 23-3723

electors absent from county, 23-3722

electors in United States service, 23-3006, 23-3719

infirm elector, registration at residence, 23-3007
Rejection of ballots

ballots not received until after 12 noon on day preceding election, 23-3709

disposition of rejected ballots, 23-3712

elector may vote in person, 23-3714

grounds for rejection, procedure, 23-3713
School district elections, forms and rules prepared by state superintendent of public

instruction, 23-3702
United States servicemen and civilian employees

application for registration and ballot, 23-3719

classification of applications, 23-3721

"elector in the United States Service" defined, 23-3718

federal post card application authorized, 23-3704

instructions enclosed with ballots, 23-3706

oath required, 23-3720

registration procedure, 23-3719
Voting machines used, counting absentee ballots, 23-3716

Campaigns, political literature to contain name of publisher, 94-1475, 94-1476

Constitutional amendments, publication and printing, 23-2802

Explanation of initiative, referendum and constitutional measures prepared by attorney

general, 37-104.1
Questions submitted to voters, publication, 23-2801

AIRPORTS

Establishment by counties and cities, tax levy, 1-804

ALCOHOLIC BEVERAGES

Election day, beer and liquor not to be sold during polling hours, 4-303, 4-414
Local option laws

beer, 4-350 to 4-356

intoxicating liquors, 4-142 to 4-149

retail liquor licenses, election on issuance, 4-431 to 4-437

407

INDEX

References are to Sections of the Montana Codes and Constitution

AMENDMENTS TO CONSTITUTION

State constitution, Const. Art. V, § 1, 23-2802, 37-105— See CONSTITUTION OF MON-
TANA, Amendments

attorney general's summary, 37-104.1

United States Constitution, convention for ratification, 23-4601 et seq. — See CONSTITU-
TION OF UNITED STATES, Amendments

APPORTIONMENT AND REPRESENTATION

Congressional districts. Const. Art. VI, § 1, 43-107
Legislative apportionment. Const. Art. VI, §§ 2, 3

representative apportionment, 43-106.2

senatoriaJ apportionment, 43-106.1

ARREST

Voters privileged from arrest, exceptions, Const. Art. IX, § 4, 23-2705

ATTORNEY GENERAL

Board of state canvassers, member of, 23-4016

Election, term, qualifications, Const. Art. VII, §§ 1 to 3

Explanation of initiative, referendum and constitutional measures, 37-104.1

BALLOT BOXES

Commissioners to furnish boxes, 23-3501

Return of boxes to registrar after election, 23-4006

BALLOTS

Absentee voting, 23-3701 et seq.— See ABSENTEE VOTING
Arrangement of candidates' names, 23-3511
Constitutional amendments

state constitution, 23-2802, 37-105

United States Constitution, form of ballot for election of delegates to convention,
23-4605
Constitutional requirement for elections by ballot, Const. Art. IX, § 1, 23-2602
Cost of printing and distribution, 23-3508

Criminal offenses, 94-1406— See CRIMINAL OFFENSES, Ballots
Delivery of ballots to election judges by registrars or city clerks, 23-3503
Delivery of ballot to elector for voting, requirements and procedure, 23-3603
Electronic voting systems, 23-3901 et seq.- See ELECTRONIC VOTING SYSTEMS
Expense of printing and distribution, 23-3508
Form

blank space below names of candidates, 23-3514

color of ink and paper, 23-3508

columns provided for each category, 23-3512

margin required, 23-3514

order of listing offices, 23-3513

short-term and long-term election for same office, arrangement, 23-3517

stub, size and contents, 23-3515

uniformity of size and printing, 23-3508
Initiative and referendum, advertisement, form and preparation of ballot, 23-2801,

23-3507, 37-106
Instructions to electors, instruction cards, 23-3601
Judicial primary ballots, preparation and distribution, 23-4505
Names of candidates printed on ballot, 23-3509

arrangement of names, rotation, 23-3511
Number of ballots provided for each precinct, 23-3516
Order of listing offices, 23-3513
Party of candidate, designation on ballot, 23-3509

Primary elections, preparation and number of official and sample ballots, 23-3308, 23-3309
Printed ballots provided by registrar, other ballots ineffective, 23-3506
Questions submitted to vote of the people, advertisement, form and preparation of

ballot, 23-2801, 23-3507, 37-106
Requirement for elections by ballot, Const. Art. IX, § 1, 23-2602
Rotation of candidates' names, 23-3511

Short-term and long-term elections for same office, arrangement, 23-3517
Spoiled ballots, procedure for receiving new ballot, 23-3606
Stub, size and contents, 23-3515

408

INDEX

References are to Sections of the Montana Codes and Constitution

BALLOTS — (Continued)

Uniformity of size and printing, 23-3508
Vacancies after ballots printed, pasters required, 23-3510
Voting machines, form of ballots, 23-3804
paper ballots used, 23-3818, 23-3819
Write-in votes, 23-3606— See WRITE-IN VOTES

BEEB

Election day, beer establishments closed during polling hours, 4-303
Local option law, election requirements, 4-350 to 4-356

BOARDS OF ELECTIONS— See JUDGES OF ELECTIONS, 23-3201 et seq.

BOND ISSUES

Advertisement of questions to be submitted, 23-2801, 37-107
Airports, establishment by counties and cities, 1-804
Bridges in cities or towns, construction, election requirements, 32-2903
Contest of elections

grounds for challenge, 23-4201

hearing, designation of time and place, procedure, 23-4202
County bond issues, debt limit, election requirements. Const. Art. XIII, § 5, 16-807,

16-2021 to 16-2028
County water and sewer districts bond issues, election requirements, 16-4517 to 16-4522
Junior high school establishment, issuance of bonds, 75-4150, 75-4153

Municipal bonds, debt limit, election requirements. Const. Art. XIII, § 6, 11-2301 to
11-2312

petitions, signers required, 75-3937

qualification of voters, 75-3938
Municipal revenue bond act of 1939, election requirement, 11-2404

Petitions for bond elections in school districts, cities, towns, and counties, 75-3937
School districts, debt limit, election requirements and procedure, Const. Art. XIII, § 6,
75-3908 to 75-3916

building reserve fund, bond issues, election, 75-3806

petitions, signers required, 75-3937

qualifications of voters, 75-3938

special election for bonding district for erection and purchase of buildings and
school sites, 75-1631
Smoke nuisance abatement, election requirements, 11-2504 to 11-2506, 11-2511
State issues, debt limit, election required, qualifications of electors, registration and
election procedures, Const. Art. XIII, § 2, 23-2702 to 23-2704

BOOTHS

Electronic voting systems, booths provided, 23-3904

Number provided, 23-3604

Occupancy by more than one person or for unnecessary length of time prohibited, 23-3604

BRIBERY— See CRIMINAL OFFENSES, Bribery, 94-1423

BRIDGES

Bond issues for construction in cities or towns, election requirement, 32-2903
Tax levy for road and bridge construction, election requirement, 32-3605

CANCELLATION OF REGISTRATION

Failure to vote, reregistration, 23-3013
Grounds for cancellation, reregistration, 23-3014

CANDIDATES

Corrupt Practices Act, 94-1427 to 94-1474— See CORRUPT PRACTICES ACT
Filing fees, 23-3304

judicial candidates, 23-4503
Ineligibility of candidates and relatives to serve as election judge or clerk, exception

for school district or precinct elections, 23-3202
Judicial candidates, filing fee, 23-4503
Qualifications, Const. Art. IX, §§7, 10, 11— See QUALIFICATIONS FOR OFFICE

409

INDEX

References are to Sections of the Montana Codes and Constitation

CANVASS OF RETURNS

Altering returns, violations, 94-1409, 94-1410
County canvass

absence of one or more commissioners, procedure, 23-4009

certificates of election issued by clerk, 23-4014
district judge excepted, 23-4014

commissioners as board of county canvassers, powers, 16-1003, 16-1157, 23-4009

declaration of persons elected, 23-4013

immaterial defects in returns disregarded, 23-4011

meeting to canvass returns, time for, 23-4009

postponement of canvass, when authorized, 23-4010

public canvass required, 23-4011

registrar as clerk of board, 23-4009

statement of result, contents, 23-4012

state returns, abstract made and sent to secretary of state, 23-4015

tie for state senator or representative certified to Governor, 23-4013
Judges of election, canvass of votes, 23-4001 et seq.— See COUNTING AND TALLYING

OF VOTES
Municipal elections, canvass, when and how made, 11-718
Presidential electors, lists of electors elected, 23-4303
Primary elections, 23-3311 to 23-3314
Recounts, 23-4101 et seq.— See RECOUNTS
State canvass

abstract of returns prepared by clerk of county canvassing board, transmittal to
secretary of state, 23-4015

commissions issued by Governor to persons elected, 23-4018

composition of board of state canvassers, 23-4016

delinquent returns, messenger sent to registrar, 23-4017

immaterial defects in returns disregarded, 23-4019

meeting of board, time for, 23-4016

primary election, 23-3314

CEMETERY DISTRICTS

Alteration of boundaries, notice, powers of county commissioners, 9-213 to 9-215

Election procedure, 9-205

Organization of district, government, powers, 9-206 to 9-208

Procedure by county commissioners on petition to establish cemetery district, 9-202

to 9-204
Public cemetery district act adopted, authorized territory, 9-201
Tax levy, budget, disbursement of tax proceeds, 9-209, 9-209.1
Trustees of district, regulations, 9-210
qualifications, generally, 16-2402
Validating act, warrants, 9-209.2, 9-209.3
Withdrawal of portion of district, procedure, 9-211, 9-212

CERTIFICATES OF ELECTION

Congressional elections, certificates issued by Governor, 23-4403
County commissioners, general powers, 16-1003, 16-1157, 23-4014
Recounts, issuance of new certificate of election, 23-4112
State office commissions issued by governor or secretary of state, 23-4018

CHALLENGE OF VOTERS

Grounds for challenging, 23-3611
List of challenges kept by judges, 23-3617

Nominating elections, procedure for marking pollbooks and ballots, 94-1446
Oath administered on challenges for want of identity, previous voting, or conviction of
felony, 23-3612

determination of challenges by judges, 23-3613
Poll watchers' rights, 23-3618

Refusal of challenged person to take oath, vote rejected, 23-3614
Registration, challenges prior to election or on election day, procedure, 23-3015
Trial of challenges for causes other than specified in chapter, 23-3615

determination of challenge by judges, 23-3616

CITIES AND TOWNS

Airports, establishment of, tax levy, 1-804
Annexation

annexation of city or town to contiguous city or town, election, 11-405

410

INDEX

References are to ScctionH of the Montana Codes and Constitution

CITIES AND TOWNS— (Continued)
Annexation — (Continued)

inclusion of territory, petition and election, 11-506, 11-507
application of act, 11-510

property which may not be annexed, 11-508, 11-509
Bond issues, election required, 11-2301

petition for election, procedure, 11-2306, 11-2307

signers required, 75-3937
procedure for holding election, notice, etc., 11-2308 to 11-2312
qualifications of voters, 75-3938

Bond issues, revenue bond act of 1939, election requirements, 11-2404

Bridges, construction, bonds, election requirements, 32-2903

Bus lines, contracting indebtedness, election requirements, 11-1019 to 11-1022

Change in classification, election of new officers, 11-303

Commission form of government

abandonment of commission form, election, 11-3135
authority of city to reorganize under commission form, 11-3101
franchises, submission to electors, 11-3126
officers, election

bribery in election, penalty, 11-3116

campaign expenses, filing requirements, 11-3128

councilmen, number, vacancies, 11-3109

electioneering prohibited, 11-3127

fees for filing for office, 11-3115

nomination of candidates for general municipal elections, primary election,

11-3112, 11-3113
payments by candidates prohibited, penalty, 11-3114
special election for mayor and councilmen, 11-3106, 11-3107
terms of office, 11-3110, 11-3111

ordinances, procedure, taking effect and suspension, 11-3133, 11-3134

appropriations, notice requirements, 11-3126
petitions, requirements of, 11-3136
primary election, 11-3112

fees for filing for office, 11-3115

general election unnecessary, when, 11-3113
recall of elective officers, procedure, filling vacancy, 11-3132
reorganization question, petition and order of election, 11-3102

ballots, form, 11-3104

certificate of result of election, 11-3105

proclamation of election, 11-3103
saving provisions, 11-3108, 11-3137
Commission-manager form of government

abandonment of plan, election, 11-3330

authority of city to reorganize under commission-manager form, 11-3201

commissioners

bond, 11-3244

bribery in election, penalty, 11-3229

campaign expenses, filing requirements, 11-3219

compensation, 11-3248

meetings, 11-3249

nomination of candidates, primary election, procedure, 11-3215 to 11-3217
dispensing with general election, when, 11-3218.1

number, 11-3211

oath, 11-3244

payments by candidates prohibited, penalty, 11-3228

qualifications, restrictions on, 11-3214

quorum, 11-3247

recall, petition, election procedure, 11-3220 to 11-3227

reorganization, special election, 11-3206, 11-3207

term of office, 11-3212

unauthorized absence creates vacancy, 11-3249

vacancies, filling, 11-3213

elections, dates for holding, 11-3218

mayor, designation, vacancy, powers and duties, 11-3245

compensation, 11-3248

recall, selection of successor, 11-3246
name, "commission-manager plan," 11-3211

411

INDEX

References are to Sections of the Montana Codes and Constitution

CITIES AND TOWNS— (Continued)

Commission manager form of government — (Continued)
ordinances

effective date of ordinances of commission, 11-3237

initiated ordinances, petition for, procedure, 11-3230 to 11-3236

referendum on ordinances, petition, procedure, 11-3237 to 11-3243

organization of communities or groups of communities, 11-3209

powers of municipalities under commission-manager plan, 11-3210

primary election, nomination of candidates, procedure, 11-3215 to 11-3217

dispensing with general election, when, 11-3218.1
qualifications of electors, penalty provisions, 11-716, 11-3229
recall of commissioners, petition, election procedure, 11-3220 to 11-3227
recall of mayor, selection of successor, 11-3246
reorganization question, petition and order of election, 11-3202

ballots, form, 11-3204

certificate of result of election, 11-3205

limitation on next election, 11-3205

proclamation of election, 11,-3203

Consolidation of city and county. Const. Art. XVI, §7; 11-3401 to 11-3405; 11-3417 to
11-3431; 11-3530 to 11-3539— See CONSOLIDATED CITY AND COUNTY GOVERN-
MENT

Contracts for construction or purchases extending over five years, election required,
11-1202

Debt limit, increase, election required, Const. Art. XIII, § 6
Elections, general provisions

annual election of officers, 11-709 — See Officers, below
ballots

delivery to election judges by city clerks, 23-3503
printing and distribution as charge upon city, 23-3508

city central committees, members, powers, 23-3402, 23-3403

judges and clerks of elections, appointment, 11-717

precinct registers, preparation, contents, registraj's charges, 23-3012, 23-3024,

23-3027
primary election provisions applicable to cities of 3,500 population or more,

23-3302

qualifications of electors, 11-716

questions submitted to the people, city clerks to prepare ballot, 23-3507

registration requirements, 11-715

supplies, city clerk performs duties prescribed for registrars, 23-3502

taxpayer, definition for election purposes. Const. Art. IX, § 12, 23-2601 (7)

precinct register, designation of taxpayers, 23-3012
time for holding, 11-709

voting machines provided by council, 23-3803
voting places, requirements, 11-717
wards, division of cities and towns into wards, duties of council, 11-707, 11-708

changes in boundaries, certification of changes and delivery of map to
registrar, 23-3102

conformity of boundaries of precincts, division of wards into two or more
more precincts, 23-3101

Fire districts in unincorporated territory, election and powers of trustees, 11-2010
Flood control and water conservation, bonds, tax levy, election requirements, 89-3312
Form of government, adoption of new form, election required, Const. Art. XVI, §§ 7, 8
Franchises, granting of, election requirements and procedure, 11-1206 to 11-1209
Gas systems, incurring indebtedness for, election requirements, 11-988
Incorporation of cities and towns

election of officers, conduct of election, 11-205, 11-206

election on incorporation, how conducted, 11-204

old oflScers continued in oflBce, 11-209

petition and census, requirements, 11-203
Initiative and referendum

ballots, 11-1111

commission form of government, 11-3126, 11-3133, 11-3134

commission-manager form of government, 11-3230 to 11-3243

conduct of proceedings, applicable laws, 11-1113

effective date of ordinance, 11-1106

forms of petitions, 11-1113

412

INDEX

References are to Sections of the Montana Codes and Constitution

CITIES AND TOWNS— (Continued)
Initiative and referendum — (Continued)

petitions

initiative, 11-1104

referendum, 11-1107

submission of initiated or referred measure at regular election, 11-1105

proclamation of election, 11-1110

qualifications of voters, 11-1112

referendum, to what ordinances applicable, 11-1114

special election authorized, 11-1108, 11-1109

voting method, 11-1111
Municipal courts, judges, election, term, 11-1703
Officers

aldermen, terms, qualifications, 11-711, 11-714

bonds, 11-71&

canvass of election, when and how made, 11-718

changes in classification, election of new officers, 11-303

clerks of election, 11-717

commission form, first election, 11-3106

commission-manager form, first election, 11-3206

date for beginning of term, 11-720

election, annual election, 11-709

first class city officers enumerated, 11-701

incorporation, first election of officers, 11-205, 11-206, 11-209

judges of elections, 11-717

mayor, term, qualifications, 11-709, 11-710

oath, 11-719

qualifications, general requirement, 11-713

constitutional requirements, Const. Art. IX, §§ 7, 10, 11

qualifications of electors, 11-716

registration for election, requirements, 11-715

second class city officers enumerated, 11-702

terms of office, 11-709, 11-711, 11-712

third class city officers enumerated, 11-702

tie vote, how decided, 11-718

town officers enumerated, 11-703

vacancies, how filled, 11-719, 11-721

voting places, requirements, 11-717
Ordinances, initiative and referendum, 11-1104 to 11-1114 — See Initiative and refer-
endum, above

commission form of government, petitions and procedure, 11-3133, 11-3134

commission-manager form of government, petitions and procedures, 11-3230 to
11-3243

consolidated city and county government, petitions and procedure, 11-3417 to
11-3431

effective date of ordinance, 11-1106

Parking commissions, revenue bonds, election requirements, 11-3703

Parking meters, election requirements, 11-1015 to 11-1017

Parks, authority to incur indebtedness, election requirement, 62-201

Property, sale or lease, election requirements, 11-964

Public works, indebtedness incurred for, election requirements, 11-966

Sewage systems, establishment authorized, revenue bonds, election requirements, 11-2217,

11-2218
Smoke nuisance abatement, bonds, election requirements, 11-2504 to 11-2506, 11-2511
Special improvement district revolving funds

loans for paying warrants, election requirement, 11-2271

supplemental fund from parking meter revenue, creation and maintenance, bonds
authorized, election requirements, 11-2275, 11-2276
Street fund, excess expenditures, election required, 84-4704
Swimming pools, indebtedness for, election requirements, 11-1008
Taxation, excess tax levy, election required, procedure. Const. Art. XIII, § 6

ballots, 84-4709

notice of election, 84-4707

object of levy to be stated in submission of question, 84-4708

registration of electors, 84-4710
Taxpayer, definition for election purposes. Const. Art. IX, § 12, 23-2601 (7)

precinct register, designation of taxpayers, 23-3012
Urban renewal projects and plans, bonds, election requirements, 11-3906

413

INDEX

References are to Sections of the Montana Codes and Constitution

CITIES AND TOWNS— (Continued)

Wards, division of cities and towns into wards, duties of council, 11-707, 11-708

changes in boundaries, certification of changes and delivery of map to registrar,

23-3102
conformity of boundaries of precincts, division of wards into two or more pre-
cincts, 23-3101
Water supply, sewerage system, indebtedness incurred for, election requirement. Const.

Art. XIII, § 6, 11-966
Water supply systems, establishment authorized, revenue bonds, election requirements,
11-2217, 11-2218

CITIZENSHIP

Naturalized citizen, registration by, 23-3021

United States citizenship required. Const. Art. IX, § 2, 23-2701 (1), 23-3008

CLERKS OF ELECTIONS

Appointment by judges, qualifications, 23-3203

Candidates and relatives ineligible for appointment, school district and precinct elections

excepted, 23-3202
Compensation, 23-3207
Municipal elections, 11-717
Oath of clerk, 23-3205
Oaths, power to administer, 23-3205

COMMISSION CITIES— See CITIES AND TOWNS, Commission form of government,
11-3101 to 11-3137

COMMISSION-MANAGER CITIES— See CITIES AND TOWNS, Commission-manager
form of government, 11-3201 to 11-3249

COMMITTEEMEN AND COMMITTEES

City central committee, 23-3402

Congressional committees, election of members, 23-3403

County central committee, 23-3402, 23-3403

Election of committeeman at primary, 23-3401

Nominations for committeemen, 23-3401

Organization of committees, 23-3405

Party representative, committeeman as, 23-3402

Qualifications of committeemen, 23-3401

Rules for government of party made by committees, 23-3403

State central committee, election of county members, 23-3403

Term of office of committeemen, 23-3402

Vacancies among candidates nominated at primary, filling, 23-3321, 23-3404

Vacancy in office of committeeman, filling, 23-3402

COMMUNITY COLLEGES

Accreditation by state board of education, 75-4414

Annexation of school districts to college district, election on, 75-4430

Boundaries of district to coincide with school district boundaries, 75-4415

Budgeting laws applicable, 75-4425

Buildings, construction, repair and acquisition authorized, 75-4426

Contracts for building, maintenance and supplies, advertising and bids required, 75-4422

Corporate powers of district, 75-4413

Courses of instruction, determination, 75-4423

Donations, acceptance authorized, 75-4427

Election on organization of district, 75-4416

notice of election, publication, conduct of election, 75-4418

trustees elected at same time, 75-4417
Employment of teachers and personnel, 75-4424
Equalization aid, participation in, 75-4425
Federal and state aid, acceptance authorized, 75-4426
Foundation program, participation in, 75-4425

Junior college district, conversion to community college district, 75-4429
Name of district, 75-4413
Officers of district, selection, 75-4419
Petition for organization of district, filing, 75-4416
Population required for formation of district, 75-4413

414

INDEX

References are to Sections of the Montana Codes and Constitution

COMMUNITY COLLEGES— (Continued)

Property valuation required for formation of district, 75-4413

Retirement system for teachers and trustees, 75-4424

School district law not applicable, 75-4413

State aid, 75-4425

State hoard of education to supervise districts, 75-4414

Studies and surveys by state board of education, 75-4414

Surplus property of school districts, use by college district, 75-4428

Tax levy authorized, 75-4425, 75-4426

Trustees of district, districts represented and terms of office, 75-4417

election of trustees, 75-4420

first trustees, election, 75-4416

interest in contracts prohibited to trustees, 75-4422

meetings of board, 75-4421

oath of office of trustees, 75-4419

organization and officers of board, 75-4419

quorum for transaction of business, 75-4419

vacancies on board, filling, 75-4419
Tuition charges, determination and approval, 75-4423

CONDUCT OF ELECTIONS— See VOTING PROCEDURE, 23-3601 et seq.

CONGRESSIONAL ELECTIONS

Certificate of election issued by governor, 23-4403

Congressional districts. Const. Art. VI, § 1, 43-107

Election at general election, procedure as provided by law for Governor, 23-4401

Nominations as provided by law for Governor, 23-4401

Residence requirement for election or appointment, 23-4404

Vacancy filled at next general election, 23-4401

writs of election to fill vacancy issued by Governor, temporary appointment,
23-4402

CONSERVANCY DISTRICTS

Authority for organization of districts, benefits enumerated, 89-3401

Bond issues, election procedure, 89-3428, 89-3429

Challenging voters at elections, 89-3425

Definitions, 89-3403

Dissolution of district, election procedure, 89-3442 to 89-3444

Election procedures after organization, 89-3424

Feasibility study and report, 89-3407

riling of documents after organization, 89-3410

Organization of district, procedure for, 89-3408

expenses of election, reimbursement of county, 89-3411

petition, court hearing, election procedure, 89-3409

Persons entitled to vote at elections, 89-3423
Preliminary survey, contents of written request for, 89-3404

actions by water board, 89-3405

hearing by water board, 89-3406
Purpose of act, 89-3402

CONSOLIDATED CITY AND COUNTY GOVERNMENT

Appointees, political participation prohibited, penalties, 11-3549 to 11-3551

Authority for consolidation, 11-3401

Commissioners

first election of commissioners, 11-3405
officers to act, 11-3530

nomination, primary election, petitions and procedure, 11-3531 to 11-3538

notice of elections, 11-3538

recall of commissioners, petitions and procedure, 11-3540 to 11-3547

tie votes, procedure, 11-3539

Effective date of merger, 11-3559

Election on question of consolidation. Const. Art. XVI, § 7

ballot, form, 11-3404

notice, 11-3403

officers to act, 11-3530

petition, form, 11-3402, 11-3403

resolution declaring creation of consolidated government, 11-3559

415

INDEX

References are to Sections of the Montana Codes and Constitution
CONSOLIDATED CITY AND COUNTY GOVERNMENT— (Continued)

Franchises, election requirements, 11-3417

Legal status of consolidated municipality, 11-3559

Ordinances

effective date, 11-3417

initiative, petitions and procedure, 11-3419 to 11-3424

petitions for initiative or referendum, signatures, affidavit, 11-3429
amendments to petitions, 11-3431
certification and filing, 11-3430

recording and publishing, 11-3418

referendum, petitions and procedure, 11-3425 to 11-3428

Petition for consolidation, form, 11-3402, 11-3403

Petitions for initiative, referendum or recall, requirements and procedure, 11-3429 to

11-3431
Primary election, petitions and procedure, 11-3531 to 11-3538
Recall of commissioners, petition and procedures, 11-3540 to 11-3547

petitions, requirements and procedure, 11-3429 to 11-3431
Resolution declaring creation of consolidated government, 11-3559

CONSTITUTION OF MONTANA

Altering or abolishing constitution, rights of people. Const. Art. Ill, § 2

Amendments

attorney general's summary, placement on ballot, 37-104.1

ballot, form, 37-105

constitutional convention, questions submitted to electors, Const. Art. XIX, § 8

legislative authority of state, powers of legislative assembly and of people, Const.

Art. V, § 1
printing and distribution, requirements, 23-2802, 37-107
proposed amendments, submission to electors, Const. Art. XIX, § 9

CONSTITUTION OF UNITED STATES

Amendments, convention for ratification, 23-4601

compensation of delegates and officers, 23-4608

delegates to convention, number, election procedure, 23-4602

ballot form prescribed by secretary of state, 23-4605

determination of election results, 23-4604

nomination, 23-4603

qualifications of petitioners for nomination and voters at election, 23-4610

federal acts supersede state provisions concerning amendment, 23-4611
officers at convention, 23-4607
procedure at convention, 23-4607
quorum at convention, 23-4607
time for convention, 23-4606
Changes in form of state government not to be repugnant to. Const. Art. Ill, § 2

CONTEST OF ELECTIONS— See also RECOUNTS, 23-4101 et seq.

Alcoholic beverages, local option elections
beer sales, election on, 4-356
intoxicating liquor sales, election on, 4-149
retail liquor license issuance, election on, 4-436

Bond elections

grounds for challenge, 23-4201

hearing, designation of time and place, procedure, 23-4202

Corrupt practices, grounds for contest of nomination or office, 94-1464
advancement of cases, 94-1471
contents of contest petition, 94-1467
form of complaint, 94-1472
grounds, 94-1464
hearing of contest, 94-1468

nomination or election not to be vacated, when, 94-1465
procedure, 94-1467

reception of illegal votes, allegations and evidence, 94-1466
time for commencing contest, 94-1459
witnesses, privileges, 94-1471

Primary elections, notice, how tried and decided, 23-3316
Returns filed by registrar, disposition in event of contest, 23-4008

416

INDEX

References are to Sertiona of the Montana Codes and Constitution

CONVENTIONS

County convention proceedings, 23-3405
Expenses paid by parties, 23-3407

Mileage paid delegates to state conventions to nominate presidential electors, 23-3407
Powers of political parties relating to conventions, 23-3406

United States Constitution, convention to ratify amendments, 23-4601 et seq. — See CON-
STITUTION OF UNITED STATES, Amendments

CORRUPT PRACTICES ACT— See also CRIMINAL OFFENSES, 94-1401 et seq.

Accounts of expenditures by political committees and other persons, 94-1431

Betting or wagering on election results prohibited, 94-1448

Candidates for nomination, limitation on expenditures by or for, 94-1427

Candidates with nomination for election, limitation on expenditures by or for, 94-1428

Challenging voters, procedure, 94-1446

Coercion of voters, 94-1447

Compensating voter for loss of time prohibited, 94-1451

Contest of nomination or office, violations as grounds for, 94-1464 — See CONTEST OF

ELECTIONS, Corrupt practices
Contributions from corporations and public utilities prohibited, 94-1444
Contributions in name of undisclosed principal prohibited, 94-1437
Copies of act to be furnished certain public officers and candidates, 94-1432
Corporations, proceedings against for violations of act, 94-1469
Corrupt practice, what constitutes, 94-1450
County attorneys, duties upon violation of act, 94-1462
Declaration of result of election after rejection of illegal votes, 94-1463
Definition of terms, 94-1429

Demands or requests which are not to be made of candidates, 94-1443
False oaths or affidavits, perjury, 94-1474
Forfeiture of nomination or office for violation of act, 94-1458

when not forfeited, 94-1457
Form of complaint under act, 94-1472
Form of statement of expenses, 94-1473

Inducing person to accept or decline nomination, penalty, 94-1456
Inducing person to be or not to be candidate prohibited, 94-1442
Inspection of accounts, 94-1433
Jurisdiction of courts over proceedings, 94-1460
Newspaper and periodical advertisements, 94-1452
Penalties for violations not otherwise provided for, 94-1470
Personating another elector, penalty, 94-1449

Political badges, buttons or insignia prohibited from being worn near polls, 94-1451
Political committees to file accounts of expenditures, 94-1431
Political criminal libel, 94-1454

Promise to procure appointment or election prohibited, exceptions, 94-1438
Prosecutions for failure to file statement, 94-1434
Providing food, drink or entertainment for purpose of having person give or refrain

from giving his vote, prohibited, 94-1445
Publications in newspapers and periodicals, requirement stating it is a paid advertise-
ment, 94-1452
Public officers or employees not to contribute funds, 94-1439
Public officers prohibited from acting as delegates or members of political committee,

exceptions, 94-1440
Record of statements, copies, 94-1436
Solicitation of votes on election day, penalty, 94-1453
Statement by candidate as to moneys expended, 94-1430
filing after election, 94-1430
penalty for failure to make, 94-1430
Statement of expenses by candidate, failure to file, candidate's name not to be printed

on official ballot, 94-1455
Statement of expenses, form, 94-1473
Statement of receipts, 94-1433

court may compel filing, 94-1435
may be ordered, 94-1433
prosecutions for failure to file, 94-1434
Successful candidate's statement of expenses, failure to file, name not to be printed

on official ballot, 94-1455
Transfer of convention credential in return for payment of money or other valuables

prohibited, 94-1441
Undue influence of voters, 94-1447

417

INDEX

References are to Sections of the Montana Codes and Constitution

COUNTIES

Abandonment authorized, 16-4001

election required, governor to call, Const. Art. XVI, § 8, 16-4005

canvass of returns, 16-4008

notice of election, 16-4006
petition for abandonment, requirements and procedure, 16-4002

action on petition, adverse petition, duties of county clerk, 16-4003

determination of sufficiency, 16-4004
proclamation of result, 16-4008

notice of election, 16-4006

question to be submitted, 16-4007

result to determine abandonment, 16-4009

Airports, establishment of, tax levy, 1-804

Bond issues, petition and election required, 16-2021

ballots, form of, 16-2025

canvass of returns, 16-2028

conduct of election, 16-2025

hours of election, 16-2024

notice of election, 16-2024

officers of election, 16-2024

percentage of votes required to authorize issue, 16-2027

petition, requirements, 16-2021 to 16-2023
signers required, 75-3937

qualified voters, 16-2026

registration for election, 16-2026

resolution for bond issue, 16-2028

Borrowing money, election required, 16-2301

amount borrowed, determination by commissioners, 16-2302

ballots, form, 16-2304, 16-2306

conduct of election, 16-2306

exception to election requirement, 16-2301

majority of votes in favor, loan may be made, 16-2305

notice of election, 16-2303
Bridge construction

bond issues, construction in cities or towns, election requirements, 32-2903

tax levy for road and bridge construction, election requirement, 32-3605

Cemetery district act, 9-201 to 9-215— See CEMETERY DISTRICTS

Consolidation of city and county, Const. Art. XVI, §7; 11-3401 to 11-3405; 11-3417 to
11-3431; 11-3530 to 11-3559— See CONSOLIDATED CITY AND COUNTY GOVERN-
MENT

Consolidation with other county or counties, election required, Const. Art. XVI, § 8
County manager form of government authorized, 16-3901

petition and election, requirements, 16-3902

recall of county commissioners, procedure, 16-3923
Creation, authority for creation of new counties, 16-501

applicability of general laws to new counties and officers, 16-411

assessed valuation, determination, 16-502

county commissioners, election, 16-509

county seats, meeting of commissioners, 16-401 — See COUNTY SEATS

division into township, road and school districts, 16-505

election, requirements and procedure, 16-505

declaration of creation, effect of adverse vote, 16-506

limitations on creation, determination of assessed valuation, 16-501, 16-502

petition for creation of new county, requirements and procedure, 16-504

publication of notices by posting, 16-517

saving provisions, 16-520

violations by officers, penalty, 16-519

Debt limit, election required for increase, Const. Art. XIII, § 6, 16-807
Emergency expenditures, limitations, election requirements, 16-1907

Flood control and water conservation, indebtedness and bonds, election requirements,
89-3312

Form of government, adoption of new form, election required. Const. Art. XVI, §§ 7, 8

Libraries, county and regional libraries, transfers by governmental units, election, 44-213

Officers— Sec COUNTY COMMISSIONERS; COUNTY OFFICERS

Printing, commissioners to contract for, 16-1230

Proclamation of special election by county commissioners, 23-2903

418

INDEX

References are to Sections of the Montana Codes and Constitution

COUNTIES— (Continued)

Road construction, tax levy for, election requirement, 32-3605

Smoke abatement, bonds, election requirements, 11-2504 to 11-2506, 11-2511

Taxpayer, definition for election purposes, Const. Art. IX, § 12, 23-2601 (7)

COUNTING AND TALLYING OF VOTES

Canvass of returns, 23-4009 et seq.— See CANVASS OF RETURNS

Comparison of poUbooks and correction of mistakes, 23-4002

Comparison of tally sheets, 23-4003

Electronic voting systems, counting procedure, 23-3905

Excess of ballots over names on pollbooks, procedure, 23-4002

Judicial ballots, 23-4507

Method of determining ballots to be counted, 23-4002

Packaging of precinct registers, lists, pollbooks, tally sheets and ballots to be sent to

registrar, 23-4006

disposition of items by registrar, 23-4007, 23-4008
Pollbooks, information vrritten after counting ballots, signing and certifying, 23-4003,

23-4005
Primary elections, 23-3310 to 23-3312
Procedure for counting ballots, 23-4003

Public canvass of votes by judges upon closing of polls, 23-4001
Recounts, 23-4101 et seq.— See RECOUNTS
Rejection of ballots, grounds for, procedure, 23-4002, 23-4004
Removal of unopened ballots from box, 23-4002
Time for canvass of votes by judges, 23-4001

Two boards of election judges, duties as to counting and tallying votes, 23-3201
Two or more ballots folded together, procedure, 23-4002
Voting machines used, 23-3813, 23-3816

COUNTY ATTORNEY— See also COUNTY OFFICERS
Election, term, qualifications, Const. Art. VIII, § 19, 16-2406
Vacancy, filling, Const. Art. VIII, § 34

COUNTY CLERK— See also COUNTY OFFICERS

Election, term. Const. Art. XVI, § 5, 16-2406

Registration of electors, clerk as county registrar, 23-3002— See REGISTRATION

COUNTY COMMISSIONERS— See also COUNTY OFFICERS

Board of county canvassers, commissioners as, powers, 16-1003, 16-1157, 23-4009

County manager form of government, recall of commissioners, procedure, 16-3923

Elections, powers concerning, 16-1003

Election, terms, commissioner districts. Const. Art. XVI, § 4, 16-2407

new county, election, 16-509

tie vote, district judge to appoint, 23-4121
Judges of elections, appointment of, 23-3201, 23-3202
Pollbooks, duty to furnish, 16-1156, 23-3501
Precincts, establishment of, 23-3101
Printing, duty to contract for, 16-1230
Proclamations of elections, duties, 23-2902, 23-2903
Recounts, duties as county recount board, 23-4114 to 23-4117
Registration, commissioners to provide registrar with sufficient help, 23-3026
Supplies for elections, duty to furnish, 16-1156, 23-3501
Voting machines, payment for, 23-3803

COUNTY HIGH SCHOOLS— See HIGH SCHOOLS AND HIGH SCHOOL DISTRICTS,
75-4103 et seq.

COUNTY MANAGER PLAN

Authority to adopt county manager form of government, 16-3901
Petition and election requirements, 16-3902
Recall of county commissioners, procedure, 16-3923

COUNTY OFFICERS

Election, terms. Const. Art. XVI, § 5, 16-2406

Enumeration of officers of county, 16-2403

Legislature may provide for other officers. Const. Art. XVI, § 6

Qualifications for office, general qualifications, 16-2401

constitutional requirements. Const. Art. IX, §§ 7, 10, 11

419

INDEX

References are to Sections of the Montana Codes and Constitution

COUNTY OFFICERS— (Continued)

Tie vote, procedure, 23-4121
Vacancies, filling, 16-2406

COUNTY SEATS

Location

applicability of general laws to new counties and officers, 16-411

cities and towns eligible for county seat, 16-503

election to determine permanent location, requirement for, 16-402, 16-403

applicability of general election laws, 16-407

ballot, form, 16-408

ballots, books and records, furnishing, 16-406

canvass of returns, 16-409

division of county into registration and polling precincts, 16-404

judges, 16-406

re-election in case of failure to select county seat, 16-410

registration of voters, 16-405
existing counties, applicability of act, 16-412
meeting and organization of commissioners, 16-401
temporary county seat, 16-401, 16-402, 16-410, 16-505

New counties, location of boundaries with respect to existing county seats, 16-501
Removal

authority to remove county seat more than once, 16-309
election, time for holding, Const. Art. XVI, § 2, 16-302

declaration of place selected as county seat, 16-306

notice and conduct of election, 16-303

publication of results, 16-305

second election prohibited for four years, 16-308

voting for preference, 16-304
petition for removal, requirements, 16-301
statement of result and notice submitted to secretary of state, 16-307

COUNTY SUPERINTENDENT OF SCHOOLS

Qualifications for office, election, term, Const. Art. IX, § 10, 75-1501 to 75-1504

COUNTY TREASURER— See also COUNTY OFFICERS
Election, term. Const. Art. XVI, § 5, 16-2406
State tax levies or debts, election duties, 23-2703

COUNTY WATER AND SEWER DISTRICTS

Additions to district, procedure, 16-4531

Authority for organization of districts, 16-4501, 16-4502

Bond issues, election required, 16-4517

canvass of returns, 16-4521

date and conduct of election, 16-4518

notice of election, publication, 16-4519, 16-4520

vote required for approval, 16-4522
Combining of elections authorized, 16-4535
Consolidation of districts, petition and procedure, 16-4531
Directors, first election, terms of office, 16-4506
Election on question of organization required, procedure, 16-4505

inforninlity not to invalidate election, 16-4513
Elections of officers

applicable election laws, 16-4508

directors, terms, 16-4506

informality in proceedings not to invalidate elections, 16-4513

nominations of officers, petitions, requirements and procedure, 16-4507

qualifications of officers, generally, 16-2402

recall of officers, 16-4509

Ordinances, initiative and referendum procedures applicable, 16-4529, 16-4530
Petition, requirements and procedure, 16-4503

hearing on petition, powers of commissioners, 16-4504
Recall of officers, 16-4509

COURTS— See DISTRICT COURT; JUDGES; JUSTICES OF THE PEACE; MUNICI-
PAL COURTS; SUPREME COURT

420

INDEX

UeferencBK are to SectionH of the Montana Coded and ConBtitution

CRIMINAL OFFENSES— See also CORRUPT PRACTICES ACT, 94-1427 to 94-1474
Absentee voting, false swearing deemed perjury, official misconduct as misdemeanor,
23-3717

Appointments to office, unlawful for candidate to make offer, 94-1416, 94-1417
Attendance of electors, furnishing money or entertainment for, violations, 94-1415
Ballots

changing or altering, violations, 94-1406 to 94-1410

forging official endorsement, 94-1412

fraudulent voting, 94-1403

removing from polling place, 94-1414

showing to other persons, 94-1414

violations in placing in boxes, 23-1214

Betting on election prohibited, 94-1421, 94-1448
Bribery, enumeration of violations, 94-1423

appointments to office, unlawful for candidate to offer, 94-1416, 94-1417

elector, inducing to vote differently from what elector intended or desired, 94-1411

employers, unlawful acts of, 94-1424

fines paid into school funds, 94-1425

furnishing money or entertainment for electors, 94-1415

members of legislative caucus, political convention or gathering, bribery of,
94-1418

violations void election, 94-1426

Corrupt practices, 94-1427 to 94-1474r— See CORRUPT PRACTICES ACT

contest of nomination or office, grounds for, 94-1464 — See CONTEST OF ELEC-
TIONS, Corrupt practices

Electioneering prohibited on election day, 23-3605, 94-1414
officers of election, violations, 94-1413

Election laws, general penalty clause, 94-1422

Election laws, violation for which no penalty specified as misdemeanor, 23-2606

Employers, unlawful acts, 94-1424

fines paid into school funds, 94-1425

violations void election, 94-1426

Forging or altering returns, 94-1408

Forging or falsely making official endorsement ou ballots, 94-1412

Fraudulent attempts to vote without being qualified or to vote more than once, misde-
meanor, 94-1404

Fraudulent registration, felony, 94-1402

Fraudulent voting, 94-1403

Instructions to voters, destroying, 94-1414

Interference with electors prohibited. Const. Art. Ill, § 5, 94-1411

Intimidating, corrupting, deceiving or defrauding electors, 94-1411

Literature to contain name of publisher, 94-1475, 94-1476

Meetings of electors, preventing or disturbing, 94-1419, 94-1420

Money or entertainment furnished electors, violations, 94-1415

Multiple voting, misdemeanor, 94-1404

Nominations

defacing or destroying certificates, 94-1412

filing false certificates, 94-1412

violations of primary election laws by officials or candidates, penalties, 23-3317

Officers, violation of election laws, felony, 94-1401

Political literature to contain name of publisher, 94-1475, 94-1476

Primary elections, penalties for violations by officials or candidates, 23-3317

Procuring illegal voting, 94-1405

Public meetings of electors, preventing or disturbing, 94-1419, 94-1420

Registration violations, penalties, 23-3006, 23-3025, 23-3029, 94-1402

Returns, changing or altering, violations, 94-1406 to 94-1410

Reward offer contained in governor's election proclamation, 23-2901

Supplies, removing or destroying, 94-1414

Voting machines used

assistance to illiterate, blind or physically disabled voter, penalty for deceiving

voter, 23-3812
fraudulent returns or certificates, penalty, 23-3821
tampering with or injuring machines, penalty, 23-3820
violations by election officials, penalty, 23-3812

421

INDEX
References are to Sections of the Montana Codes and Constitntion

DEBT LIMITS

County limit, election required for increase, Const. Art. XIII, § 5, 16-807
Municipal limit, Const. Art. XIII, § 6

State limit, election required for increase, procedure. Const. Art. XIII, § 2, 23-2702 to
23-2704

DEFINITIONS

Terms used in election laws, 23-2601

DIRECT PRIMARIES— See PRIMARY ELECTIONS, 23-3301 et seq.

DISABLED PERSONS

Absentee voting, 23-3701 et seq.— See ABSENTEE VOTING
Assistance by judges, 23-3609

voting machines used, 23-3812
Registration at residence, 23-3007

DISTRICT COURT

Clerk, election, term, Const. Art. VIII, § 18

vacancy, filling. Const. Art. VIII, § 34
Election and term of office of judges. Const. Art. VIII, § 12, 16-2408

certificate of election not issued by clerk of county canvassing board, 23-4014

nonpartisan nomination and election, 23-4501 et seq. — See JUDGES, nonpartisan
nomination and election

recount of votes, conditions under which recount made, 23-4103

tie vote in election of judges, procedure, 23-4120
Judicial districts. Const. Art. VIII, §§ 12, 13

enumerated, 93-301, 93-301.1, 93-301.2

new county, designation of judicial district, 16-507
Number of judges, 93-302

Qualifications for office of judge. Const. Art. VIII, § 16
Vacancies in office of judge, filling, Const. Art. VIII, § 34, 93-309

vacancies after nomination and before election, how filled, 23-4510

DRAINAGE DISTRICTS

Election of commissioners

conduct of election, 89-2304

nomination of candidates, 89-2306

notice of election, 89-2303

qualifications and voting rights of electors, 89-2305

term of office, 89-2301, 89-2302

time for election, 89-2302

ELECTIONEERING

Prohibition against electioneering on election day, 23-3605, 94-1414
officers of election, violations, 94-1413

ELECTION LAWS

Copies published by secretary of state, distribution, 23-2904
Definitions, 23-2601

Violation for which no penalty specified as misdemeanor, 23-2606
Violations, general penalty clause, 94-1422

ELECTRONIC VOTING SYSTEMS

Abandonment of systems, 23-3903

Adoption of systems authorized, 23-3903

Applicability of general election laws, 23-3907

Booth provided for voters, 23-3904

Counting of ballots and procedure at counting location, 23-3905

Damaged or defective ballots, disposition, 23-3905

Definition of terms, 23-3902

Experimental use of systems authorized, 23-3903

Order of information on ballot, 23-3904

422

INDEX

References are to Sections of the Montana Codes and Constitution

ELECTRONIC VOTING SYSTEMS— (Continued)

Paper ballots supplied on request of voter, 23-3903

Precinct boundary changes where systems used, 23-3903

Preparation of devices for election, 23-3904

Presidential voting by single punch or mark required, 23-3906

Primary elections, use of systems authorized, 23-3903

Purpose of act, 23-3901

Return of vote, 23-3905

Sample ballots, cards and labels provided, 23-3904

Sealing and delivery of ballots to counting location, 23-3905

Secrecy in voting required, 23-3903, 23-3906

Specifications for systems, devices and equipment, 23-3903, 23-3906

Testing of equipment prior to election, 23-3904

Write-in ballots provided, 23-3904

GENERAL ELECTIONS

Definition, 23-2601(2)

Holiday, election day, 19-107

Proclamation by governor, time for, contents, publication and posting, 23-2901, 23-2902

Time for holding, 23-2604

GOVERNOR

Commissions issued to state officers, 23-1816

Election, term, qualifications. Const. Art. VII, §§ 1 to 3

Presidential electors, lists of electors elected, 23-4303

Proclamation of election, time for, contents, publication and posting, 23-2901, 23-2902

Statement of returns received from board of state canvassers, 23-4016

United States senators and representatives

certificates of election issued to, 23-4401

vacancy in office, issuance of writ of election, temporary appointment, 23-4402

HANDICAPPED PERSONS

Absentee voting, 23-3720— See ABSENTEE VOTING
Assistance by judges, 23-3609

voting machines used, 23-3812
Registration at residence, 23-3007

HIGH SCHOOLS AND HIGH SCHOOL DISTRICTS

Abolishment or unification of county high school with public school system
abolishment, petition, requirements, 75-4121
election required, 75-4122
ballots, 75-4124
conduct of election, 75-4124

notice, publication and procedure, 75-4123, 75-4124
results for or against abolishment, action required, 75-4125, 75-4126
authority to abolish or unify county high school with public school system,

75-4120
unification of county high school, procedure, 75-4120.1

additional trustees after unification, appointment and terms, 75-4120.2
budget, adoption after unification, 75-4120.3
county as high school district, 75-4120.2
Board of trustees of county high school, members, qualifications, election procedure,

75-4103
Bond issues, county high school bond issue, petition for election, procedure, 75-4112,

75-4113, 75-4116
Building construction, incurring indebtedness, election requirements, 75-4231
Debt limit, increase, election required, Const. Art. XIII, § 6

Junior high schools

establishment in district having no accredited high school, 75-4147
approval of establishment, duties of trustees, 75-4152
bond issues, application and submission of question, 75-4150
issuance of bonds, 75-4153

423

INDEX

References are to Sections of the Montana Codes and Constitution
HIGH SCHOOLS AND HIGH SCHOOL DISTRICTS— (Continued)

Junior high schools — (Continued)

establishment in district having no accredited high school — (Continued)
election, procedure, 75-4151

petition, approval of superintendent of pubUc instruction, 75-4148
question of establishment, submission to electors, 75-4149
establishment where county high school located, 75-4202
establishment where district high school established, 75-4201
Public works

division of county into high school districts, procedure, 75-4602

alteration of boundaries, redivision, limitation, 75-4607
election of additional trustees, procedure in connection with public works pro-
gram, 75-4601
special tax levy, election, 75-4609

approval of tax, other special levies not submitted, 75-4611
notice and conduct of election, 75-4610
Tax levies, additional taxes, election required, 75-4516.1

HOLIDAYS

General election day, 19-107

HOSPITAL DISTRICTS

Authority to establish districts, 16-4301
Board of trustees, election, terms, 16-4307

qualifications, generally, 16-2402
Election required, 16-4304

conduct of election, 16-4305

favorable vote, district organized, 16-4306
Petition, requirements and procedure, 16-4302

changes in proposed boundaries, powers of commissioners, 16-4304

hearing on petition, 16-4303
Territory in district, 16-4301

INDEPENDENT CANDIDATES

Certificates of nomination by individuals or parties not appearing on prior ballots,

requisites, 23-3318
Use of name of existing political party prohibited, 23-3320

INITIATIVE AND REFERENDUM

Advertisement of questions to be submitted, 23-2801, 37-107

Attorney general's summary of measures for placement on ballot, 37-104.1

Ballot, duties of registrar and city clerk, form, 23-3507, 37-106

Bills referred, not effective until approved, 37-110

Canvass of votes, 37-108

Certification and numbering of measures, 37-105

Cities and towns, procedure, 11-1104 to 11-1114 — See CITIES AND TOWNS, Initiative

and referendum
Constitutional authority, requirements, Const. Art. V, § 1
Notice to governor, 37-104
Ordinances

cities and towns, procedure, 11-1104 to 11-1114— See CITIES AND TOWNS, In-
itiative and referendum

commission form of government, procedure, taking effect and suspension, 11-3133,
11-3134

commission-manager form of government, petitions and procedures, 11-3230 to
11-3243

consolidated city and county government, petitions and procedure, 11-3417 to
11-3431

county water and sewer districts, procedures, 16-4529, 16-4530
Petitions

constitutional requirements. Const. Art. V, § 1

eligibility for signing petition, 37-109

false signature, penalty, 37-109

initiative, form of petition, 37-102

referendum petition, form, 37-101

424

INDEX

References are to Sections of the Montana Codes and Constitution

INITIATIVE AND REFERENDUM— (Continued)

Printing and distribution of copies of measures, 37-107

Proclamation by governor, 37-104

Recount after close election, 23-4103

Secretary of st:>te's statement on reforendum measures for placement on ballot, 37-104.1

V^erifieation of signatures by county clerk, 37-103

Voting on measures, manner of voting, 37-106

INSANE PERSONS

Cancellation of registration, 23-3014
Ineligible to vote, 23-2701(3)

INSTRUCTION CARDS

Printing, distribution, posting and contents of cards, 23-3601

INTOXICATING LIQUOR

Election day, liquor not to be sold during polling hours, 4-414

Local option laws, elections on sale or issuance of license, 4-142 to 4-149, 4-431 to 4-437

IRRIGATION DISTRICTS

Canvass of returns, 89-1308, 89-1309

Certificates of election, 89-1310

Commissioners, election and term of oflRce, 89-1303

nomination of candidates, 89-1312

qualifications, generally, 16-2402

vacancies, how filled, 89-1304
Conduct of election, 89-1308
Hours of election, 89-1307
Judges of election, appointment, 89-1305
Notice of election, 89-1305

Precincts, creation of and changes in boundaries, 89-1302
Qualifications and voting rights of electors, 89-1311
Results of elections, statement required, 89-1310
Special elections, commissioners may call, 89-1313

JUDGES— See also DISTRICT COURT; MUNICIPAL COURTS; JUSTICES OF THE

PEACE; SUPREME COURT
Nonpartisan nomination and election of associate justices of supreme court and district
judges

counting and canvassing vote, procedure, application of general laws, 23-4507
declarations for nomination, contents, fee, 23-4503

district with more than one judge, each office separate and independent for elec-
tion purposes, 23-4501
general election ballots, nominated candidates' names printed on, 23-4508
political party endorsement of candidate as misdemeanor, 23-4511
primary ballots, preparation and distribution, voting, 23-4505, 23-4506
primary election law applicable, 23-4502
register of candidates for nomination, arrangement and certification of candidates'

names by secretary of state, 23-4504
supreme court justice, each vacancy a separate and independent office, 23-4501
tie vote at primary, how decided, 23-4509

vacancies after nomination and before general election, how filled, 23-4510
voting machines used, placement of judicial ballot, 23-3804

JUDGES OF ELECTIONS

Appointment, 16-1003, 23-3201
Assistance to voters, 23-3609

voting machines used, 23-3812
Candidates and relatives ineligible for appointment, school district and precinct elections

excepted, 23-3202
Canvass of votes, 23-4001 et seq.— See COUNTING AND TALLYING OF VOTES
Challenge of voters, duties of judges, 23-3613 to 23-3618

challenges on election day, duties, 23-3015
Clerks, appointment by judges, 23-3203

425

INDEX

References are to ijections of the Montana Codes and Constitution

JUDGES OF ELECTIONS— (Continued)

Compensation, 23-3207

instruction meetings, compensation for attending, 23-3206
Delivery of ballot to voter, 23-3603
Instruction cards, posting, 23-3601 ■

Instruction of judges, meetings, compensation for attending, certificate of completion of "

course, 23-3206
Irrigation districts, 89-1305, 89-1306
Municipal elections, 11-717
New precincts, number of judges appointed based on estimated number of electors,

23-3201

Notices of appointments and of general elections, duties of registrar, 23-3204

Notices of elections, posting by judges, 23-3204

Number of judges in each precinct, 23-3201

Oath of judges, 23-3205

Oaths, power to administer, 23-3205

Political parties to submit list of persons qualified for appointment, not more than

majority appointed from one party, 23-3202
Precinct register, delivery to judges, 23-3012, 23-3024
Proclamation prior to opening and closing of polls, 23-3602
Returns for public information, forms supplied by registrar, completion and posting of

forms, 23-3504, 23-3505

Second board of judges, appointment, 23-3201
Term continues until other judges appointed, 23-3203
Vacancies, filling of, 23-3202, 23-3203

Voting machines used, make up of election board, 23-3806
instructions to judges by registrar, 23-3807

JUSTICES or THE PEACE

Election and term of office, Const. Art. VIII, § 20, 16-2408, 93-401, 93-405

Township officer, 16-2404

Vacancy in office, filling. Const. Art. VIII, § 34, 93-406

LEGISLATIVE ASSEMBLY

Apportionment and representation. Const. Art. VI, §§ 2, 3
representative apportionment, 43-106.2
senatorial apportionment, 43-106.1

Composition of legislative assembly, 43-201

Judge of elections, returns, and qualifications of members, Const. Art. V, § 9

Legislative authority vested in assembly, Const. Art. V, § 1

Local or special laws prohibited, Const. Art. V, § 26

Officers, Const. Art. V, § 9

Post-enemy-attack, continuity in government, emergency powers. Const. Art. V, § 46

Pre-session caucus, 43-218

Recount of votes, conditions under which recount made, 23-4103

Representatives

organization of house of representatives, 43-208

qualifications. Const. Art. V, § 3

term. Const. Art. V, § 2, 43-202

Rosters for use in organization prepared from election records, 43-206.1
Senators

organization of senate, 43-207

qualifications, Const. Art. V, § 3

term, Const. Art. V, § 2, 43-202

Tie vote for office, procedure, 23-4120
Vacancies, filling, procedure, 43-215

alternate method of selection, failure of candidate to receive majority vote, 43-216

"vacancy" defined, 43-217

LIBRARIES

Establishment of public library in county or city, special election procedure, 44-219
Joint county and regional library, transfer of library by governmental unit, election,
44-213

426

INDEX

References are to Sectionii of the Montana Codes and Constitution

LIEUTENANT-GOVERNOR

Election, term, qualifications, Const. Art. VII, §§ 1 to 3

LIQUOH^See ALCOHOLIC BEVERAGES
SaJes prohibited on election day, 4-303, 4-414

LOCAL OPTION LAWS

Beer sales, 4-35U to 4-356

Intoxicating liquor sales, 4-142 to 4-149

Retail liquor license, issuance of, 4-431 to 4-437

M
MACHINES— See VOTING MACHINES, 23-3801 et seq.

MAPS OF PRECINCTS AND SCHOOL DISTRICTS

Preparation by commissioners and delivery to registrar, 23-3101

MENTALLY ILL PERSONS

Cancellation of registration, 23-3014
Ineligible to vote, 23-2701(3)

MILITARY SERVICE

Absent electors in United States service, registration and voting, 23-3006, 23-3701 et

seq.— See ABSENTEE VOTING
Exemption from duty on election day. Const. Art. IX, § 5
Residence not gained by service in state. Const. Art. IX, § 6, 23-3022

MUNICIPAL CORPORATIONS— See CEMETERY DISTRICTS; CITIES AND TOWNS;
CONSERVANCY DISTRICTS; CONSOLIDATED CITY AND COUNTY GOVERN-
MENT; COUNTIES; COUNTY WATER AND SEWER DISTRICTS; DRAINAGE
DISTRICTS; IRRIGATION DISTRICTS; SCHOOL DISTRICTS

MUNICIPAL COURTS

Judges, election, term, 11-1703

MUNICIPAL ELECTIONS— See CITIES AND TOWNS, Elections; Officers

NATURALIZED CITIZENS

Registration for voting, 23-3021

NEW-VOTER LISTS

Highway patrol to submit lists to political parties, 23-3001

NOMINATIONS

Certificates of nomination by individuals or parties not appearing on prior ballot, requi-
sites, not applicable to nominations for special elections or to fill vacancies, 23-3318
Certification of candidates' names and descriptions by secretary of state to registrars,

23-3319
Cities and towns

commission form of government, 11-3112, 11-3113
commission-manager form of government, 11-3215 to 11-3219
list of registered electors, when unnecessary to print and post, 23-3023
precinct registers, when not required, 23-3024

primary election provisions applicable in cities of 3,500 population or more, 23-3302
Consolidated city and county government, procedure, 11-3531 to 11-3538
Contest of nominations, notice, how tried and decided, 23-3316

corrupt practices as grounds, 94-1464 to 94-1468
Declining nomination, procedure, 23-3321
Independent candidate for president or vice-president, requirements for filing certificate

of nomination, 23-3318
Judicial offices, nonpartisan nomination and election of supreme court or district court
judges, 23-4501— See JUDGES, Nonpartisan nomination and election

427

INDEX

Kefcrentes are to SertiouK of the Montana Codes and Constitution

NOMINATIONS— (Continued)

Preservation of certificates of nominations, 23-3319

Presidential electors nominated by political parties, 23-4302

Primary elections, 23-3301 et seq.— See PRIMARY ELECTIONS

School districts, board of trustees, 75-1604, 75-1606

Statement of votes received by candidate transmitted to secretary of state by election

board, 23-3319
Vacancies before and after primary, fillingf, 23-3321

NOTARY PUBLIC

Deputy registrars, designation of notaries public as, 23-3003

NOTICES OF ELECTIONS

General election proclamation by governor, time for, contents, publication and posting,

23-2901, 23-2902
Primary elections, 23-3303
Special election proclamation by county commissioners, 23-2903

OATHS

Challenge of voters for want of identity, prior voting, or conviction of felony, oath

required, 23-3612
Constitutional oath for members of legislative assembly and all officers. Const. Art.

XIX, § 1
Judges and clerks of election, administration of oaths, 23-3205
Judges and clerks of election, oath of, 23-3205

OPENING AND CLOSING OF POLLS

Proclamations required, 23-3602
Time of opening and closing, 23-2605

ORDINANCES

Commission form of government, petitions and procedure, 11-3133, 11-3134
Commission-manager form of government, petitions and procedure, 11-3230 to 11-3247
Consolidated city and county government, petitions and procedure, 11-3417 to 11-3431
County water and sewer districts, initiative and referendum, applicable procedures,

16-4529, 16-4530
Effective date, 11-1106
Initiative and referendum in cities and towns, 11-1104 to 11-1114 — See CITIES AND

TOWNS, Initiative and referendum

PLURALITY TO ELECT

Highest number of votes elects, Const. Art. IX, § 13, 23-2603
Primary elections, 23-3313

POLITICAL PARTIES

Ballots, printing of candidate's name and party designation, 23-3509

Committeemen and committees, 23-3401 et .seq.— See COMMITTEEMEN AND COMMIT-
TEES

Corrupt practices, 94-1427 to 94-1474— Sec CORRUPT PRACTICES ACT

County convention, 23-3405

Definition of party, 23-2601(6)

Deputy registrars, appointment from lists furnished by parties, 23-3003

Expenses of conventions, payment, 23-3407

Judges of el(H'tioiis, submission of candidates to commissioners, 23-3202

Judicial candidates, endorsement as misdemeanor, 23-4511

Mileage allowance for delegates to conventions to nominate presidential electors, 23-3407

New-voter lists furnished by highway patrol, 23-3001

Powers of political parties generally, 23-3406

Presidential electors nominated by parties, 23-4302

Primary election laws, parties governed by act, 23-3320

State convention delegates, selection, 23-3405

428

INDEX

ReferencuB are to Sections of the Montana Coden and Constitution

POLLBOOKS

Absentee ballots, insertion of names and numbers by judges, 23-3711

Commissioners to furnish, 16-1156, 23-3501

Form prescribed by secretary of state, 23-3501

Information written and signinjj and certification after votes counted, 23-4003, 23-4005

List of persons voting known as pollbook, 23-3610

Kecording names of voters in pollbook, 23-3606

POLLING PLACES— See also VOTING PROCEDURE

Booths provided, number, 23-3604

electronic voting systems, 23-3904

Designation of polling places by commissioners, 23-3103

Interference with electors prohibited, Const. Art. Ill, § 5, 94-1411

Municipal elections, voting places, 11-717

Obstruction of entries prohibited, 23-3605

Posting of orders designating polling places, 23-3103

Proclamation of opening and closing polls, 23-3602

Time for opening and closing polls, 23-2605

POLL WATCHERS

One watcher from each party allowed, rights, 23-3618

PRECINCT REGISTER

Action to compel entry of name in register, joinder of parties, 23-3019

Blanks, commissioners to furnish, 23-3501

Charges to city or school district for preparation of registers, 23-3027

Combining names of voters in several precincts where precincts in city or school district

elections include more than one county precinct, 23-3024
Contents of register, 23-3012, 23-3024

Copies available to any person upon written request, charge, 23-3028
Delivery to election judges, 23-3012, 23-3024
Identity of voter, requirement for proof, 23-3018, 23-3610
Marking by election judges at polls, procedure, 23-3018, 23-3610
Name on register required to vote, name as evidence of right to vote, 23-3018
Omission of name, procedure for correction, 23-3020
Preparation by precinct registrar, 23-3012, 23-3024

city or school district, charges for preparation, when no registers required, 23-3027

Printing and posting of list of voters, 23-3023
Signing of register by voter, 23-3018, 23-3610
"Taxpayer" stamped beside name of voter, 23-3012

PRECINCTS

Ballots, number provided for each precinct, 23-3516

Boundary requirements, 23-3101

Change of boundaries, 23-3101

Counties, creation of new counties, change of precinct boundaries, 16-505

County commissioners, general powers, 16-1003

Designation by numbers, names, or both, 23-3101

Electronic voting systems used, boundary changes, 23-3903

Establishment, 23-3101

Irrigation districts, 89-1302

Judges of elections, number in each precinct, 23-3201

Map of precincts and school districts prepared by commissioners and delivered to regis-
trar, 23-3101

Polling places, designation by commissioners, posting of copies of order, 23-3103

School districts, conformity of boundaries of precincts, division into two or more pre-
cincts, 23-3101

Transfer of registration by change of residence, 23-3009

Voting machines, joint use of, 23-3803

Wards, division of cities and towns into wards, duties of council, 11-707, 11-708

change of boundaries, certification and delivery of map to registrar, 23-3102
conformity of boundaries of precincts, division of wards into two or more pre-
cincts, 23-3101

429

INDEX

Kefercntes are to Sections of the Montana Codes and Constitution

PRESIDENTIAIi ELECTORS

Canvass of votes, lists of electors elected, 23-4303

Compensation of electors, 23-4306

Independent candidate to nominate required number of electors and certify names to

secretary of state, 23-3318
Meeting and voting of electors, 23-4304

lists of persons voted for as president and vice-president, contents, procedure,
23-4305
Names of candidates for electors not printed on ballot, 23-4302
Nomination of electors by political parties, 23-4302
Number to be chosen, 23-4301
Time for election, 23-4301
Vacancies, how filled, 23-4307
Votes for president and vice-president counted for candidates for electors, 23-4302

PRIMARY ELECTIONS

Abstracts of votes prepared by registrar, copy sent to secretary of state, 23-3313, 23-3314
Arrangement of names and information concerning candidates, duties of secretary of

state, registrar or city clerk, 23-3307
Ballots, form and arrangement, 23-3308

error in ballot, remedies, 23-3315

packaging and sealing of ballots after count of votes, 23-3312

preparation and number of official and sample ballots, 23-3309
Candidates to be selected, 23-3301
Certification of arrangement of names and information concerning candidates, duties of

secretary of state, registrar, or city clerk, 23-3307
Certification of candidates' names and descriptions by secretary of state to registrars,

23-3319
Cities over 3,500 population, applicable provisions, 23-3302
Committeemen elected at primary, 23-3401

Compensation of clerks and judges, certificate prepared by registrar, payment, 23-3313
Contest, notice, how tried and decided, 23-3316

corrupt practices as grounds, 94-1464 to 94-1468
Counting and tallying votes and preparation of returns, 23-3310 to 23-3312
Date of election, 23-3301
Declaration of nomination, filing, fees, 23-3304

deadline for filing, 23-3305

persons with whom filed, 23-3305

Declining nomination, procedure, 23-3321

Definition, 23-2601(5)

Documents required by law as public records, 23-3306

Electronic voting systems authorized, 23-3903

Error in ballot or other wrongful or neglectful act, procedure, 23-3315

Fees for filing nominating declarations, 23-3304

Governor's certification of nominations for federal and state offices, 23-3314

Highest number of votes nominates, 23-3313

Judicial candidates, nonpartisan nomination of supreme court or district court candi-
dates, 23-4501 et seq. — See JUDGES, Nonpartisan nomination and election

Notice of election, 23-3303

Parties governed by primary election provisions, right to use of party name, printing of
names on ballots, 23-3320

Preservation of certificates of nominations, 23-3319

Registrar's certification of county and precinct nominations, 23-3313

Sample ballots, preparation and number, 23-3309

Statement of votes received by candidate transmitted to secretary of state by election
board, 23-3319

Tally sheets, keeping and announcing the tally, enclosure in envelopes and sealing,
23-3311, 23-3312

Tie for nomination, decision by lot, 23-3313, 23-3314

Vacancies before and after primary, filling, 23-3321

Violations by officials or candidates, penalties, 23-3317

Voting machines, separate rows or columns for political parties, 23-3804

Voting procedure, 23-3308

Write-in candidates, filing declaration of acceptance of nomination, fee, vote required,
23-3304

Wrongful or neglectful acts, procedure, 23-3315

430

INDEX

KcftTi'iicoN nro lo SfclioiLs of tlic Monliitin Codo.s and Coiislitutinn

PROCLAMATIONS

County conimissioiiors to provide forms, 16-1156

General election proclamation bv governor, time for, contents, publication and posting,

23-2901, 23-2902
Opening and closing polls, 23-3602
Special election proclamation by county commissioncra, 23-2903

QUALIFICATIONS AND PRIVILEGES OF VOTERS

Arrest, privilege from during elections, exceptions, Const. Art. IX, § 4, 23-2705
Ballot, elections by ballot required, Const. Art. IX, § 1, 23-2602
Citizenship requirements. Const. Art. IX, § 2, 23-2701(1), 23-3008
naturalized citizen, registration by, 23-3021

Elections free and open, Const. Art. Ill, § 5

Felons prohibited from voting, Const. Art. IX, § 2, 23-2701(2)

Insane persons prohibited from voting. Const. Art. IX, § 8, 23-2701(3)

Interference with elector in voting prohibited, violations. Const. Art. Ill, § 5, 94-1411

Military duty on election day, exemption, Const. Art. IX, § 6

Municipal elections, qualified electors, 11-716

bond elections, 11-2310

initiative and referendum, 11-1112

Naturalized citizen, registration by, 23-3021

Necessary qualifications to vote, Const. Art. IX, § 2, 23-2701

Residence requirements. Const. Art. IX, § 2, 23-2701(1)
military personnel, Const. Art IX, § 6, 23-3022
persons in public institutions. Const. Art. IX, § 3, 23-3022
persons in service of state or United States, Const. Art. IX, § 3, 23-3022
procedure when prospective voter not qualified at time of registration, 23-3008
rules for determining residence for registration or voting, 23-3022
students. Const. Art. IX, § 3, 23-3022

Self-government, right to, Const., Art. Ill, § 2

State indebtedness, qualifications of electors at elections, 23-2702 to 23-2704

Taxpayer, definition for election purposes. Const. Art. IX, § 12, 23-2601(7)

WomaJi suffrage. Const. Art. IX, § 12

QUALIFICATIONS FOR OFFICE

Constitutional oath, Const. Art. XIX, § 1

Constitutional requirements, Const. Art. IX, §§ 7, 10, 11

County offices, 16-2401

District and township offices, 16-2402

Municipal offices, 11-710, 11-713, 11-714

RECOUNTS

Application for recount, contents, time for filing, pro<>edure, 23-4101
Certificate of election, issuance of new certificate, 23-4112, 23-4117, 23-4118
Compensation of canvassing officials, 23-4107
County recount board, composition of, 23-4114

certification of results, 23-4117

expenses as county charge, 23-4122

manner of recounting ballots, 23-4116

meeting of board when recount requested, 23-4115

new certificate of election or nomination, issuance of, 23-4117

persons entitled to appear at recount, 23-4116
Deposit of applicant to cover expense of recount, 23-4107
Disqualification of district court judge, procedure, 23-4105

Failure of election judges or clerks to comply with provisions for counting votes, pre-
sumption of incorrectness from, 23-4104
Jurisdiction of district court retained, 23-4105

Limitation of recount to precincts and offices specified in court order, 23-4102
Limitation of recount to precincts for which sufficient grounds stated and shown, 23-4106
Manner of recounting ballots, 23-4109
Margin of vote furnishing ground for recount, 23-4103

431

INDEX

References are to Sections of the Montana Codes and Constitution

RECOUNTS— (Continued)

Multiple candidates for same oflBce, determining votes for, 23-4113
Sealing recounted ballots and delivery to registrar, 23-4111

Service of copy of application on candidate originally found to be elected, right to hear-
ing and presence at recount, 23-4110
Several applications, procedure, apportionment of expenses between applicants, 23-4108
State board of canvassers, procedure for recanvass of returns, 23-4118

expenses as state charge, 23-4122

issuance of new certificate of election or nomination, 23-4118
Tie vote determined, procedure, 23-4103, 23-4119 to 23-4121— See TIE VOTE

REFERENDUM— See CONSTITUTION OF MONTANA; INITIATIVE AND REFER-
ENDUM, Const. Art. V, § 1, Const. Art. XIX, §§ 8, 9, 23-2801, 23-2802, 37-101 to 37-110

REGISTRATION

Absent electors

electors in United States Service, method of registering, 23-3006, 23-3719

infirm electors, registration at residence, 23-307

registration by voter absent from county, 23-3722
Action to compel entry of name in precinct register, joinder of parties, 23-3019
Assistance to registrar, duty of commissioners to provide, 23-3026
Cancellation

failure to vote in general election, reregistration, 23-3013

grounds for cancellation, reregistration, 23-3014

Card index kept by registrar, 23-3004

classification of cards by precinct, 23-3005

numbering of registration cards, 23-3005

separate file of cards for each precinct, 23-3005
Challenges

cancellation of registration on basis of challenge, 23-3014

election day, procedure, 23-3015

prior to election, procedure, 23-3015
Charges by registrar for preparation of precinct register for city or school district, 23-

3027
Citizenship requirement for registration, 23-3008

naturalized citizen, registration by, 23-3021
Close of registration, time for, notice and procedure, 23-3016

registration for future election, 23-3017
Costs of stationery, printing, publishing and posting as proper charge against county,

23-3026
County clerk as county registrar, 23-3002

definition of "registrar," 23-2601(8)
County seat location election, registration of voters, 16-405
Deputy registrars, 23-3003

Disabled persons, registration at residence, 23-3007

False or fraudulent registration, violations, penalties, 23-3006, 23-3025, 23-3029, 94-1402
Future elections, registration while registry closed preceding election, 23-3017
Handicapped persons, registration at residence, 23-3007
Highway patrol to submit new-voter lists to political parties, 23-3001
Hours of registration, 23-3005

Legislative power to pass registration laws. Const. Art. IX, §9
Lists of registered electors jtrepared by registrar, 23-3012

new-voter liats furnished to political parties by highway patrol, 23-3001
Method of registering, 23-3006 to 23-3008
Municipal elections, registration of electors, 11-715
Naturalized citizens, registration by, 23-3021

New-voter lists furnished to political parties by highway patrol, 23-3001
Notaries public as deputy registrars, 23-3003
Notice of close of registration, 23-3016
Official misconduct, penalties, 23-3029

Omission of name from precinct register, procedure for correction, 23-3020
Penalties for violation, 23-3006, 23-3025, 23-3029, 94-1402
Precinct registers, preparation by registrar, contents, 23-3012, 23-3024 — See PRECINCT

Printing and j)(>stiiig list of electors shown on precinct registers, 23-3023
Registrar, county clerk as, 23-3002

definition of "registrar," 23-2601(8)

432

INDEX

ReferenceR arc to Sections of the Montana Codes and Conatitation

REGISTRATION— (Continued)

Registration cards, card index, 23-3004 — See card index, above
Reg^istry book kept by registrar, 23-3004

Residence, requirements, rules and procedure for determining, Const. Art. IX, 88 ',], 6,
23-2701(1), 23-3022

procedure when prospective voter not qualified at time of registration, 23-3008

rules for determining residence for registration, 23-3022
Transfer of registration, procedure, 23-3009, 23-3010
Violations, penalties, 23-3006, 23-3025, 23-3029, 94-1402
Voting machines used, provision ou registry lists for number of each ballot, 23-3811

REPRESENTATIVES— See CONGRESSIONAL ELECTIONS: LEGISLATIVE ASSEM-
BLY

RESIDENCE— See QUALIFICATIONS AND PRIVILEGES OF VOTERS, residence re-
quirements, Const. Art. IX, §2, 23-2701(1), 23-3022
Qualifications for election or appointment to office, Const. Art. IX, §§7, 10, 11

RETURNS

Canvass of returns, 23-4009 et seq.— See CANVASS OF RETURNS

Contest, duty of registrar to keep unopened envelopes or packages containing returns,

23-4008
Counting and tallying of votes, 23-4001 et seq.— See COUNTING AND TALLYING OF

VOTES
Defects in form of returns, effect, 23-4011, 23-4019
Destruction of ballots and stubs by registrar, time for, 23-4007
Disposition of precinct registers, lists, pollbooks, tally sheets, and ballots by registrar,

23-4007
Electronic voting systems used, preparation of returns, 23-3905
Filing of ballots and stubs by registrar, 23-4007
Filing of precinct registers, certificates of registration, pollbooks, tally sheets and oath

of officers by registrar, 23-4007
Forms for transmission of returns for public information, completion and posting of

forms, 23-3504, 23-3505
Packaging of precinct registers, lists, pollbooks, tally sheets, and ballots sent to registrar

by election judges, 23-4006
Primary elections, abstracts of votes prepared by registrar and sent to secretary of

state, 23-3313, 23-3314
Recount of ballots, 23-4101 et seq.— See RECOUNTS
Voting machines used, return sheets and certificates, 23-3816

SANITARY DISTRICTS— See COUNTY WATER AND SEWER DISTRICTS, 16-4501
to 16-4531

SCHOOL DISTRICTS

Absentee voting, forms and rules prepared by state superintendent of public instruction,

23-3702
Bond issues

building reserve fund, bond issues, election, 75-3806
election required, 75-3908

absent electors, voting by, 75-3913

ballots, preparation, 75-3911

calling of election, notice, 75-3910

canvass of returns, 75-3915

conduct of election, 75-3913

precinct register and list of electors, 75-3912

qualifications of voters, 75-3912, 75-3938

junior high school establishment, issuance of bonds, 75-4150, 75-4153
notice of sale of bonds, form, 75-3916

percentage of electors required to authorize issue, 75-3914
petition for elections, signers required, 75-3908, 75-3937

form, contents and proof of petition, 75-3909

meeting of trustees to consider petition, 75-3910
resolution for bond issue, 75-3915

433

INDEX

References are to Sections of the Montana Codes and Constitution

SCHOOL DISTRICTS— (Continued)
Buildings

bonding district, special election, 75-1631

building and furnishing fund, transfer of funds, election, 75-3717, 75-3719

building reserve fund, election, 75-3806

extra taxation, election requirements and procedure, 75-3801 to 75-3805

joint interstate school facilities, agreements authorized, election, 75-3109 to
75-3111

purchase or sale of land, construction of buildings, powers of trustees, election
requirement, 75-1632

Buses, depreciation reserve for purchase of buses and two-way radios, election re-
quirement, 75-3403
Classifications of districts, 75-1802

Community college district, annexation of school districts to, election, 75-4430
Consolidation, requirements and election procedure, 75-1813
dissolution of joint school districts, procedure, 75-1818
intercounty districts, procedure, 75-1813.1
Debt limit, election required for increase, Const. Art. XIII, § 6

Joint interstate school facilities, agreements authorized, election, 75-3109 to 75-3111
New counties, division into school districts, 16-505
Officers, qualifications generally, Const. Art. IX, § 10, 16-2402, 75-1601
Precinct registers, preparation, contents, charge by registrar, 23-3012, 23-3024, 23-3027
Precincts, conforiiiity of boundaries to boundaries of district, division of district into two

or more precincts, 23-3101
Separate elections for officers required. Const. Art. XI, § 10
Taxation

additional tax levy, election procedure, 75-3801 to 75-3805
building reserve fund, election, 75-3806

excess tax levy authorized, election required. Const. Art. XIII, § 6, 84-4706
ballots, 84-4709
conduct of election, 84-4709
notice of election, 84-4707

object of levy to be stated in submission of question, 84-4708
qualifications of electors, 84-4711
registration of electors, 84-4710

Transportation, depreciation reserve for purchase of buses and two-way radios, elec-
tion required, 75-3403
Trustees

election, annual election of trustees, 75-1603

ballot, form in first class districts, 75-1611

call of election, duty of board of trustees, 75-1607

canvass of votes, 75-1612

certificate of election, 75-1612

challenge of voters, oath, 75-1619

expenses of election, 75-1620

first class districts, 75-1606

hours of election, 75-1609

judges of election, 75-1610

nomination of candidates, 75-1604, 75-1606

notice of election, 75-1608

poll lists and pollbook, procedure, 75-1612

qualifications of electors, 75-1618

second and third class districts, 75-1604, 75-1605

separate election required, Const. Art. XI, § 10
number of trustees, 75-1602, 75-1802
oath, 75-1613

qualifications for office. Const. Art. IX, § 10, 16-2402, 75-1601
terms of office, staggering terms, 75-1613, 75-1617
vacancies, 75-1613, 75-1614

SCHOOLS

Comnuuiitv college districts, 75-4413 to 7r).4430— See COMMUNITY COLLEGES DIS-
TRICTS

County superintendent, (jualifications, election, term of office. Const. Art. IX, § 10,
75-1501 to 75-1504

High schools, 75-4103 et seq., 75-4201 ct seq.— See HIGH SCHOOLS AND HIGH
SCHOOL DISTRICTS

434

INDEX

References are to Sections of the Montana Codes and Constitution

SCHOOLS— (Continued)

Superintendent of public instruction, election, term, qualifications, oath, Const. Art.
VII, §§ 1 to 3, 75-1301

SECRETARY OF STATE

Absentee ballots, form prescribed by secretary, 23-3704

Board of state canvassers, secretary of, 23-4016

Commission to re-elected governor, issuance, 23-4018

Constitutional amendments, publication and printing, 23-2802, 37-107

Election, term, qualifications, Const. Art. VII, §§ 1 to 3

Electronic voting equipment, rules and regulations on specifications promulgated by

secretary, 23-3906
Initiative and referendum, questions submitted to voters, publication and printing,

23-2801, 37-107
Judicial candidates, arrangement and certification of candidates' names for placement

on primary ballot, 23-4504
Legislative assemblv, rosters for use in organization prepared from election records, 43-

206.1
Pollbooks, form prescribed by secretary, 23-3501
Presidential electors, filing of certificates of nomination with secretary, 23-4302

compensation of electors certified by secretary, 23-4306
Publishing and distribution of election laws, 23-2904
Recounts, duty to reconvene state board of canvassers, 23-4118
Referendum measures, statement by secretary for placement on ballot, 37-104.1

publication and printing questions, 23-2801, 37-107
Registry book and card index form designated by secretary, 23-3004
Voting machines, examination and approval, 23-3801

SENATORS— See CONGRESSIONAL ELECTIONS; LEGISLATIVE ASSEMBLY

SMOKE ABATEMENT

Bond issues, election requirements, 11-2504 to 11-2506, 11-2511

SPECIAL ELECTIONS

Definition of "special election," 23-2601(3)
Opening and closing of polls, time for, 23-2605
Proclamation by county commissioners, 23-2903

Tie vote for United States representative, special election required, 23-4120
Vacancy in office of United States senator or representative, governor's issuance of writ
of election to fill vacancy, 23-4402

STATE CAPITOL

Election on location, change of location, election requirements, Const. Art. X, §§ 2, 3

STATE OFFICERS

Election, terms, qualifications, Const. Art. VII, §§ 1 to 3

Oath of office, Const. Art. XIX, § 1

Qualifications for office, Const. Art. IX, §§ 7, 10, 11

Recount of votes, conditions under which recount made, 23-4103

Tie vote, procedure, 23-4119 to 23-4121

STATE TREASURER

Board of state canvassers, member of, 23-4016

Election, term, qualifications, Const. Art. VII, §§ 1 to 3

SUFFRAGE— See QUALIFICATIONS AND PRIVILEGES OF VOTERS, Const. Art.
IX; 23-2701 to 23-2705

SUPERINTENDENT OF PUBLIC INSTRUCTION

Election, term, qualifications, oath, Const. Art. VII, §§ 1 to 3, 75-1301

SUPPLIES

Ballot boxes furnished by commissioners, 23-3501

Ballots provided by registrar, 23-3506— See BALLOTS

Blank foriiis, duty of conniiissioners to furnish, 16-1156, 23-3501

City clerk to act in city elections, 23-3502

Copies of election laws' published by secretary of state, 23-2904

Electronic voting systems, materials provided, 23-3904

435

INDEX

References are to Sections of the Montana Codes and Constitution

SUPPLIES— (Continued)

Instruction cards, printing and distribution, 23-3601
PoUbook, commissioners to furnish, 16-1156, 23-3501
Printing, commissioners to contract for, 16-1230
Registration supplies as proper charge against county, 23-3026

Returns for public information, forms supplied by registrar, completion and posting of
forms, 23-3504, 23-3505

Rubber stamps furnished to judges, 16-1156, 23-3503

Voting machines, samples and supplies furnished by secretary of state, registrar, or city
clerk, 23-3810

SUPREME COURT

Additional justice, term of oflace, 93-202, 93-203
Clerk, election, term of office. Const. Art. VIII, §9, 82-501
vacancy in office, filling. Const. Art. VIII, § 34

Computation of years of office, 93-208

Election, provision for, manner, Const. Art. VIII, §§ 6, 8

nonpartisan nomination and election, 23-4501 — -Sec JUDGES, Nonpartisan nomina-
tion and election

Number of justices, 93-201

Qualifications for office. Const. Art. VIII, § 10

Term of office, Const. Art. VIII, § 7, 93-201

Term of office of additional justices, 93-202, 93-203

Tie vote, procedure, 23-4120

Vacancies, filling. Const. Art. VIII, § 34, 93-209

candidate for elective office, judge becoming, duties, filling vacancy, 93-219,
93-220

vacancy after nomination and before election, how filled, 23-4510

TAX LEVIES

Advertisement of questions to be submitted, 23-2801, 37-107

Airports, establishment by counties and cities, 1-804

Municipalities, excess tax levy, election required, procedure, Const. Art. VIII, § 6,

84-4704 to 84-4711
Property taxes, limit on rate, election on rate increase. Const. Art. XII, § 9
Road and bridge construction, election requirements, 32-3605
Separate ballot required, 23-3512
State indebtedness, limit, election required, qualifications of electors, registration and

election procedures. Const. Art. XIII, § 2, 23-2702 to 23-2704
Taxpayer, definition for election purposes, Const. Art. IX, § 12, 23-2601(7)
precinct register to designate taxpayers, 23-3012

TIE VOTE

County officers, procedure, 23-4121
District court judge, procedure, 23-4120
Judicial candidates, tie vote at primary, 23-4509
Judicial officers, procedure, 23-4121
Legislative assembly members, procedure, 23-4120

certification of tie for office of state senator or representative by county canvass-
ing board, 23-4013

Municipal elections, how decided, 11-718
Primary elections, 23-3313, 23-3314
Recount of ballots, tie vote as grounds for, 23-4103
vote tied after recount, procedure, 23-4119

State executive officers, procedure, 23-4121

Supreme court justice, procedure, 23-4120

United States representatives, governor to call special election, 23-4120

TOWNS— See CITIES AND TOWNS

TOWNSHIPS

Debt limit, increase, election required, Const. Art. XIII, § 6

Officers, qualifications, enumeration of, terms, vacancies, 16-2402, 16-2404, 16-2406 '

436

INDEX

Kofererices ar« to Uectionn of the Montana (Jodcs and ConKlitutiou

UNITED STATES

Absent electors in United States service, application for absentee ballot, 23-3704 et seq.
registration procedure, 23-3006, 23-3719

Congressmen, elections and vacancies, 23-4401 ct seq.— See CONGRESSIONAL ELEC-
TIONS

Constitutional amendments, conventions to ratify, 23-4601 et seq. — See CONSTITUTION
OF UNITED STATES

Presidential electors, 23-4301 et seq.— See PRESIDENTIAL ELECTORS

VACANCIES

Ballots, pasters printed and distributed where vacancy filled, 23-3510
Candidates for office, filling vacancies before and after primary, 23-3321
Committeeman, filling vacancy in office, 23-3402
Definition, 23-2601(4)

Judicial offices, vacancies among nominees for supreme court or district court after
nomination and before general election, how filled, 23-4510

Municipal ofl&cers, vacancies, how filled, 11-712, 11-719
Presidential electors, vacancies, how filled, 23-4307

United States senators and representatives, vacancy filled at next general election,
23-4401

writs of election to fill vacancy issued by governor, temporary appointment,
23-4402

VOTING MACHINES

Absentee ballots, counting, 23-3716

Applicability of general election laws, 23-3822

Approval by secretary of state, 23-3801

Assistance to illiterate, blind or physically disabled voter, 23-3812

Ballot labels to conform to requirements for paper ballots, 23-3804

Breakdowns, procedure, 23-3818

Comparing ballots with sample ballots, 23-3804

Counting the votes, 23-3813

Display of machines after counting votes, 23-3813

Examinations by secretary of state,. 23-3801

Exhibition of machines in office of registrar or city clerk, 23-3809

Experimental use without formal adoption or purchase, 23-3817

Instructions and information provided voters, 23-3808, 23-3809

Joint use by two or more precincts, 23-3803

Judges, make-up of election board, 23-3806

instructions to judges by registrar, 23-3807
Judicial ballots, placement, 23-3804
Paper ballots

money issues, use of separate paper ballots for, 23-3819

request by elector for paper ballot, 23-3818

Placement of machines in view of judges, 23-3806

Preparation of machines for use, 23-3804

Primary elections, separate rows or columns for political parties, 23-3804

Publication of information concerning machines, 23-3808

Purchase of machines, funds provided by bonds, certificates of indebtedness or other

obligations, 23-3803
Registry list, provision for number of each ballot, 23-3811
Return "sheets and certificates, contents, 23-3816

Samples furnished by secretary of state, registrar, or city clerk, 23-3810
Sealing and locking machines after count of votes, 23-3814
Specifications of machines, 23-3802

Supplies furnished by secretary of state, registrar, or city clerk, 23-3810
Tally sheets, disposition of, 23-3815
Time voter to remain in booth, 23-3806
Violations . .

assistance to illiterate, blind or physically disabled voter, penalty for deceiving
voter, 23-3812

fraudulent returns or certificates, penalty, 23-3821

tampering with or injuring machines, penalty, 23-3820

437

INDEX

Roferences are to Sections of the Montana Codes and Constitution

VOTING MACHINES— (Continued)

Write-in ballots, 23-3805

disposition of ballots, 23-3815

VOTING PROCEDURE

Absentee voting, 23-3701 et seq.— See ABSENTEE VOTING
Assistance to voters, procedure by judges, 23-3609

voting machines used, 23-3812
Challenges, 23-3611 et seq.— See CHALLENGE OF VOTERS
Delivery of ballot to elector, requirements and procedure, 23-3603
Deposit of ballots, procedure, 23-3606

time for placing ballot in box, 23-3608

violations, penalty, 23-3607
Electioneering on election day prohibited, 23-3605, 94-1414

ofl&cers of election, violations, 94-1413
Electronic voting systems, 23-3901 et seq.— See ELECTRONIC VOTING SYSTEMS
Folding of ballot by voter and delivery to election judges, 23-3606
Fraudulent attempt to vote at another polling place after vote rejected as misdemeanor,

23-3025
Fraudulent attempt to vote without l)eing qualified or to vote more than once as misde-
meanor, 94-1404
Fraudulent voting, felony, 94-1403
Identity of voter, requirement for proof, 23-3018
Instructions to electors, instruction card, 23-3601
Interference with electors prohibited, Const. Art. Ill, § 5, 94-1411
List of persons voting known as pollbook, 23-3610
Marking of ballot by voter, 23-3606

Name of precinct register required for voting, name as evidence of right to vote, 23-3018
Occupancy of booths restricted, 23-3604

Omission of name from precinct register, procedure for correction, 23-3020
One ballot delivered to elector, 23-3603
Poll watchers' rights, 23-3618

Precinct register, marking when elector has voted, procedure, 23-3018, 23-3610
Primary elections, 23-3308

Proclamation of opening and closing polls, 23-3602
Recording name of voter, 23-3606

Removal of ballots before polls closed prohibited, 23-3605, 94-1414
Showing ballot to other persons prohibited, 23-3605, 94-1414
Signing of precinct register by voter, 23-3018, 23-3610
Spoiled ballot, procedure, 23-3606
Stamping of ballots by election judges, 23-3603
Time for opening and closing polls, 23-2605
Unmarked ballot returned to election judges, 23-3605
Voting machines used, 23-3801 et seq.— See VOTING MACHINES
Write-in votes, method of voting, 23-3606— See WRITE-IN VOTES

WARDS

Changes in ward boundaries, certification of changes and delivery of map to registrar,

23-3102
Division of cities and towns into wards, duties of council, 11-707, 11-708
Precinct boundaries to conform to wards, 23-3101

WOMAN SUFFRAGE

Constitutional provision, Const. Art. IX, § 12

WRITE-IN VOTES

Authority of elector to write or paste name on ballot, marking of ballot, 23-3506

Electronic voting systems, write-in ballots provided, 23-3904

Method of voting, 23-3606

Primary elections, filing declaration of acceptance of nomination, foe, vote required,

23-3304
Voting machines used, 23-3805

disposition of ballots, 23-3815

438

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